Rivera v. State

862 So.2d 55 (2003)

Richard RIVERA, Appellant,

v.

STATE of Florida, Appellee.

No. 2D03-1175.

District Court of Appeal of Florida, Second District.

October 8, 2003.

Rehearing Denied November 20, 2003.

Rivera challenges the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment as to three claims and reverse as to the remaining claim.

As one ground for relief, Rivera alleged that the trial court deprived him of his right to counsel and violated his right to be free from double jeopardy by resentencing him without the presence of counsel more…