Florida District Courts of Appeal, 2003

Bush v. State

Bush v. State
Florida District Courts of Appeal · Decided May 6, 2003 · Barfield, Davis, Wolf
843 So. 2d 1025; 2003 Fla. App. LEXIS 6535; 2003 WL 21002454 (Southern Reporter, Second Series)

Bush v. State

Opinion of the Court

WOLF, J.

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.

BARFIELD and DAVIS, JJ., concur.

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