DALY v. STATE

No. 2D06-530.

940 So.2d 532 (2006)

Ronald James DALY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 25, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.


SILBERMAN, Judge.

Ronald James Daly appeals his sentence for burglary of a dwelling with assault or battery imposed at a resentencing hearing after the postconviction court granted his motion for postconviction relief. Because, as the State concedes, Daly was resentenced without counsel, we reverse his sentence and remand for another resentencing hearing.

A criminal defendant has the right to the assistance of counsel at a resentencing hearing when the original...

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