Preston v. State

Petitioner, Andrew Preston, seeks a belated appeal of his sentence entered at his July 30, 2010, resentencing hearing. See Fla. R.App. P. 9.141(c).

Petitioner claims that he was not represented at the hearing, and that as a result of this lack of representation, he was deprived of the advice of counsel regarding his right to appeal. Because the State does not dispute Petitioner’s assertion that counsel did not appear at the resentencing hearing, we grant the instant petition. See Rosado v. State, 864 So.2d 533, 534 (Fla. 5th DCA 2004) (“After reviewing the petition, and the state’s response,…