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WALDO v. STATE

No. 3D00-3012.

781 So.2d 1198 (2001)

Larry WALDO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 25, 2001.

Attorney(s) appearing for the Case

Bennett Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellants.

Robert A. Butterworth, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

Before COPE, GERSTEN, and SHEVIN, JJ.

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,

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