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Florida District Courts of Appeal, 2001

Waldo v. State

Waldo v. State
Florida District Courts of Appeal · Decided April 25, 2001 · Cope, Gersten, Shevin
781 So. 2d 1198; 2001 Fla. App. LEXIS 5526; 2001 WL 418569 (Southern Reporter, Second Series)

Waldo v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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