Legal Opinion

Morgan v. State

District Court of Appeal of Florida

Decided August 31, 2007No. 5D07-493Published

1Per curiam

Morgan appeals from an order of restitution rendered by the trial court. We reverse. The record reflects that

The trial court erroneously denied Morgan’s request for appointed counsel. A criminal defendant is entitled to have counsel at sentencing proceedings. Carter v. State, 408 So.2d 766 (Fla. 5th DCA 1982). Sentencing proceedings include hearings in which the restitution amount is to be determined. See Long v. State, 876 So.2d *931718 (Fla. 5th DCA 2004); Moore v. State, 868 So.2d 683 (Fla. 5th DCA 2004). The State is commended for its proper concession of error.

REVERSED and REMANDED.

GRIFFI…

2Cases cited3 opinions

  1. Carter v. StateDistrict Court of Appeal of Florida · 1982
  2. Long v. StateDistrict Court of Appeal of Florida · 2004
  3. Moore v. StateDistrict Court of Appeal of Florida · 2004

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