GEORGE RISDON MCDONALD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bines v. State, 837 So. 2d 1146 (Fla. 1st DCA 2003)
  …ht to be present at resentencing from a rule 3.800(a) motion. Roy v. State, 711 So. 2d 1348 (Fla. 1st DCA 1998). A defendant also has the right to be represented by counsel at resentencing under a meritorious rale 3.800(a) motion. McDonald v. State, 679 So. 2d 1273 (Fla. 1st DCA 1996). Here, Appellant alleges that he was denied these rights, and the record does not refute his allegations. In fact, the record supports his allegations, in that the trial court’s order on the rale 3.800(a) motion states that “[t]h…
• Isidro G. Gonzalez v. State, 838 So. 2d 1242 (Fla. 1st DCA 2003)
  …a.1983). Sentencing is a critical stage of the criminal proceedings; thus, a sentencing hearing is mandatory. See id. at 221. As such, an indigent defendant is entitled to appointment of counsel at re-sentencing. See id.; see also McDonald v. State, 679 So. 2d 1273 (Fla. 1st DCA 1996). The lack of representation is not a sentencing error, but rather a due process error. Thus, Appellant may properly raise this issue on appeal. Cf. Harvey v. State, 786 So. 2d 28 (Fla. 1st DCA 2001) (holding that unpreserved se…
• Odell Bush v. State, 843 So. 2d 1025 (Fla. 1st DCA 2003)
  …III for retaliating against a witness could be properly enhanced for use of a firearm when use of a firearm was not alleged in the information. We determine that appellant is correct as to issue I and remand for resentencing. See McDonald v. State, 679 So. 2d 1273 (Fla. 1st DCA 1996) (holding that defendant is entitled to counsel at resentencing after prevailing on post-conviction motion). We decline to address issue II, as it was not raised in the trial court. BARFIELD and DAVIS, JJ., concur.…

Authorities Cited

• State v. Scott, 439 So. 2d 219 (Fla. 1983)
• Chestnut v. State, 578 So. 2d 27 (Fla. 5th DCA 1991)