Legal Opinion

Jones v. State

District Court of Appeal of Florida

Decided May 6, 2010No. 1D08-0526PublishedCited by 2 opinions

1Per curiam

In this Anders 1 case, the appellant challenges the sentence imposed after his rule 8.800(a) motion was granted in part and he was resentenced. We reverse and remand.

The record reveals that when the trial court resentenced the appellant he was not represented by counsel. A resentencing is a de novo proceeding to which “the full panoply of due process considerations attaches.” Gonzalez v. State, 888 So.2d 1242 (Fla. 1st DCA 2003). As such, the defendant was entitled to representation of counsel at this critical stage of the proceedings. Id.; Sandoval v. State, 884 So.2d 214 (Fla. 2d DCA 2004).…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Sandoval v. StateDistrict Court of Appeal of Florida · 2004
  4. Marshall & O'neal Enterprises, Inc. v. MillerCourt of Civil Appeals of Alabama · 2004

3Cited by2 opinions

  1. Slocum v. StateDistrict Court of Appeal of Florida · 2012
  2. Preston v. StateDistrict Court of Appeal of Florida · 2010

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