Florida District Courts of Appeal, 2015

Uhler v. State

Uhler v. State
Florida District Courts of Appeal · Decided October 22, 2015 · Ray, Rowe, Wetherell
176 So. 3d 1022; 2015 Fla. App. LEXIS 15701; 2015 WL 6390887 (Southern Reporter, Third Series)

Uhler v. State

Opinion of the Court

PER CURIAM.

The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. We affirm the summary denial of grounds one and three without discussion. In ground two, the appellant alleges that he was resentenced pursuant to his motion to correct illegal sentence without being present and represented by counsel. Because the trial court had discretion during the resentencing hearing, the appellant was entitled to be present and represented by counsel. See Jordan v. State, 143 So.3d 335, 339-40 (Fla. 2014). We reverse the denial of ground two and remand for resentencing in accordance with this opinion.

AFFIRMED in part, REVERSED in part, and REMANDED.

WETHERELL, ROWE, and RAY, JJ., concur.

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