Hawley v. State , 2005 Fla. App. LEXIS 590 ( 2005 )


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  • PER CURIAM.

    Appellant was re-sentenced after successfully moving to correct his initial sentence, which exceeded the statutory maximum. We reverse ’ and remand the sentence imposed at re-sentencing, because appellant was not represented by counsel at re-sentencing and the record does not show his knowing waiver of the right to counsel. See State v. Scott, 439 So.2d 219 (Fla.1983); Behrman v. State, 696 So.2d 811 (Fla. 2nd DCA 1997); Chestnut v. State, 578 So.2d 27 (Fla. 5th DCA 1991)

    REVERSED and REMANDED.

    FARMER, C.J., SHAHOOD and TAYLOR, JJ., concur.

Document Info

Docket Number: No. 4D03-4475

Citation Numbers: 891 So. 2d 1154, 2005 Fla. App. LEXIS 590, 2005 WL 156750

Judges: Farmer, Shahood, Taylor

Filed Date: 1/26/2005

Precedential Status: Precedential

Modified Date: 10/18/2024