Bush v. State
Cases that cite this one
1 later published case cites this decision.
- Sanchez v. Wise Recycling, Inc. (Fla. Dist. Ct. App. 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant raises two issues on appeal: I) Whether the trial court erred in resentenc-ing appellant pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000), without counsel, and II) Whether the conviction in count III for retaliating against a witness could be properly enhanced for use of a firearm when use of a firearm was not alleged in the information. We determine that appellant is correct as to issue I and remand for resentencing. See McDonald v. State, 679 So.2d 1273 (Fla. 1st DCA 1996) (holding that defendant is entitled to counsel at resentencing after prevailing on post-conviction motion). We decline to address issue II, as it was not raised in the trial court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.