McGOUGH v. STATE

No. 1D03-2503.

876 So.2d 26 (2004)

Michael Shawn McGOUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 18, 2004.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; and Sherri T. Rollison, Assistant Attorney General, Tallahassee, for Appellee.


BROWNING, J.

We treat this as an appeal from Appellant's resentencing under this Court's mandate. Appellant argues two issues that have merit, and we reverse.

First, Appellant argues that the trial court erred at resentencing because Appellant was not present or represented by counsel, and we agree. A defendant has the right to be present during resentencing from a meritorious rule 3.800(a) motion, and has the right to be represented by counsel at such a resentencing...

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