PRESTON v. STATE

No. 5D10-3308.

49 So.3d 1284 (2010)

Andrew PRESTON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

December 23, 2010.


Attorney(s) appearing for the Case

Andrew J. Preston , Zephyrhills, pro se.

Bill McCollum , Attorney General, Tallahassee, and Wesley Heidt , Assistant Attorney General, Daytona Beach, for Respondent.


ORFINGER, J.

Petitioner, Andrew Preston, seeks a belated appeal of his sentence entered at his July 30, 2010, resentencing hearing. See Fla. R.App. P. 9.141(c).

Petitioner claims that he was not represented at the hearing, and that as a result of this lack of representation, he was deprived of the advice of counsel regarding his right to appeal. Because the State does not dispute Petitioner's assertion that counsel did not appear at the resentencing...

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