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DUHART v. STATE

No. 3D03-1060.

858 So.2d 1222 (2003)

Jermaine DUHART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 12, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid (Ft. Lauderdale), Assistant Attorney General, for appellee.

Before COPE, SHEVIN and RAMIREZ, JJ.

SHEVIN, Judge.

We reverse the defendant's sentence, imposed on remand from Duhart v. State, 847 So.2d 497 (Fla. 3d DCA 2003). "Re-sentencing is a critical stage in which a defendant has the right to be present and has the right to have the assistance of counsel." Waldo v. State, 781 So.2d 1198, 1198 (Fla. 3d DCA 2001); State v. Scott, 439 So.2d 219

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