Branton v. State

PER CURIAM.-

Donald Branton petitions this court for a writ of habeas corpus, asserting that he received ineffective assistance of counsel on direct appeal following resentencing. Branton alleges that, at his resentencing hearing, the court denied him due process and, therefore, committed fundamental error by refusing to consider his evidence of rehabilitation or mitigation prior to imposing sentence. Branton contends that this error should have been raised by appellate counsel on direct appeal. We agree and grant the writ.

In 2002, following a jury trial, Branton was convicted. of robbery with…