Chaires v. State

In this direct criminal appeal, appellant claims that the trial court erred in resen-tencing him on count II on its own motion after he successfully sought postconviction relief as to his sentence on count I. The state correctly concedes that appellant preserved this claim by objection below and that resentencing on count II was prohibited by Fasenmyer v. State, 457 So.2d 1361 (Fla.1984). Accord Cochran v. State, 899 So.2d 490, 492-93 (Fla. 2d DCA 2005); Burnett v. State, 890 So.2d 335, 337 (Fla. 2d DCA 2004); De La Cosa v. State, 784 So.2d 452, 454-55 (Fla. 3d DCA 2000); Gordon v. State, 635…