Gonzalez v. State

Summary

The Florida First District Court of Appeal held that an indigent defendant is entitled to appointed counsel at a resentencing hearing following a determination that the original sentence was illegal. Because the denial of counsel was fundamental and inherently harmful, the court vacated the sentence and remanded for resentencing.

Holdings

1. Once a trial court determines that a defendant's sentence is illegal and resentencing is required, the defendant is entitled to the full panoply of due-process protections, including appointment of counsel for the resentencing hearing.
2. The denial of counsel at resentencing is fundamental error and may be raised on appeal even when the issue was not properly preserved.
3. The denial of counsel at resentencing is never harmless and constitutes per se reversible error.

Questions Presented

1. Whether an indigent defendant is entitled to appointed counsel at a resentencing hearing after the trial court determines that the original sentence was illegal.
2. Whether the unpreserved denial of counsel at resentencing may be raised on appeal as fundamental error.
3. Whether the denial of counsel at resentencing is subject to harmless-error analysis.

Disposition

vacated