context: Second, the trial court compounded its error by resentencing Thompson in reliance upon the transcript from the August 26, 2016, hearing at which both Thompson and his counsel were absent.
citation_a.signal: see also
citation_a.identifier: 997 So.2d 443, 445
citation_a.parenthetical: "[T]he defendant has the right to be present and have assistance of counsel at the new sentencing hearing."
citation_a.sentence: See Payne v. State, 38 So.3d 827, 828 (Fla. 1st DCA 2010) (“[W]here a defendant is denied counsel during a resentencing hearing held to correct a judicial error, the trial court commits fundamental error.”); see also Frison v. State, 76 So.3d 1103, 1104 (Fla. 5th DCA 2011) (stating that full panoply of due process considerations apply at resen-tencing, including appointment of counsel); Mullins v. State, 997 So.2d 443, 445 (Fla. 3d DCA 2008) (“[T]he defendant has the right to be present and have assistance of counsel at the new sentencing hearing.”).
citation_b.signal: see
citation_b.identifier: 38 So.3d 827, 828
citation_b.parenthetical: "[W]here a defendant is denied counsel during a resentencing hearing held to correct a judicial error, the trial court commits fundamental error."
citation_b.sentence: See Payne v. State, 38 So.3d 827, 828 (Fla. 1st DCA 2010) (“[W]here a defendant is denied counsel during a resentencing hearing held to correct a judicial error, the trial court commits fundamental error.”); see also Frison v. State, 76 So.3d 1103, 1104 (Fla. 5th DCA 2011) (stating that full panoply of due process considerations apply at resen-tencing, including appointment of counsel); Mullins v. State, 997 So.2d 443, 445 (Fla. 3d DCA 2008) (“[T]he defendant has the right to be present and have assistance of counsel at the new sentencing hearing.”).