Dunston v. State
After the trial court erroneously retained a youthful offender designation upon revocation of probation (based on since-abrogated case law), it later granted a motion to correct illegal sentence and struck the designation without changing the sentence otherwise. The Fourth DCA affirmed, holding the appellant had no right to counsel at the resentencing because striking the designation was a purely ministerial act, and rejected his inadequately briefed double jeopardy and ex post facto arguments.
Key facts
- Appellant was sentenced to an adult sentence with a youthful offender designation that was erroneously retained under then-applicable case law.
- The trial court later granted appellant's motion to correct illegal sentence and struck the youthful offender designation without modifying the underlying adult sentence.
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Why it matters
The opinion usefully delineates the line between 'ministerial' and substantive resentencing under Burgess for purposes of the right to counsel at a 3.800 correction hearing—helpful precedent for practitioners litigating… — full analysis with a trial
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