Waldo v. State

CONFESSION OF ERROR

The State correctly concedes that the trial court erred in failing to appoint counsel to represent defendant, Larry Waldo, at his resentencing hearing. Resentencing is a critical stage in which a defendant has the right to be present and has the right to have the assistance of counsel. See Chestnut v. State, 578 So.2d 27 (Fla. 5th DCA 1991); Woodson v. State, 111 So.2d 1167 (Fla. 3d DCA 2001). Accordingly, we vacate the sentences and remand for resen-tencing.

Reversed and remanded for resentenc-ing.