Daly v. State

SILBERMAN, Judge.

Ronald James Daly appeals his sentence for burglary of a dwelling with assault or battery imposed at a resentencing hearing after the postconviction court granted his motion for postconviction relief. Because, as the State concedes, Daly was resen-tenced without counsel, we reverse his sentence and remand for another resentenc-ing hearing.

A criminal defendant has the right to the assistance of counsel at a resentencing hearing when the original sentencing error was a judicial error rather than a clerical error. See Nickerson v. State, 927 So.2d 114, 117 (Fla. 2d DCA 2006);…