Blane v. State

District Court of Appeal of Florida

Blane v. State

54 So. 3d 572, 2011 Fla. App. LEXIS 1433, 2011 WL 362233

CourtDistrict Court of Appeal of Florida

DecidedFebruary 7, 2011

DocketNo. 1D08-4179

StatusPublished

This text of 54 So. 3d 572 (Blane v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blane v. State, 54 So. 3d 572, 2011 Fla. App. LEXIS 1433, 2011 WL 362233 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Appellant seeks review of his convictions and sentences for trafficking in methamphetamine, possession of cannabis, and possession of drug paraphernalia. Appellant raises four issues on appeal, including a claim that the trial court erred in failing to renew the offer of conflict free counsel at sentencing and resentencing as required by Florida Rule of Criminal Procedure 3.111(d)(5). The state properly concedes that the court erred, warranting reversal of Appellant’s sentence. Parker v. State, 539 So.2d 1168 (Fla. 1st DCA 1989); Kepner v. State, 911 So.2d 1256 (Fla. 4th DCA 2005). Therefore, Appellant’s sentences are VACATED and the cause is remanded for resentencing. We affirm the remaining claims without further comment.

WOLF, HAWKES and WETHERELL, JJ., concur.

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PER CURIAM.

Appellant seeks review of his convictions and sentences for trafficking in methamphetamine, possession of cannabis, and possession of drug paraphernalia. Appellant raises four issues on appeal, including a claim that the trial court erred in failing to renew the offer of conflict free counsel at sentencing and resentencing as required by Florida Rule of Criminal Procedure 3.111(d)(5). The state properly concedes that the court erred, warranting reversal of Appellant’s sentence. Parker v. State, 539 So.2d 1168 (Fla. 1st DCA 1989); Kepner v. State, 911 So.2d 1256 (Fla. 4th DCA 2005). Therefore, Appellant’s sentences are VACATED and the cause is remanded for resentencing. We affirm the remaining claims without further comment.

WOLF, HAWKES and WETHERELL, JJ., concur.

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Bluebook (online)

54 So. 3d 572, 2011 Fla. App. LEXIS 1433, 2011 WL 362233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blane-v-state-fladistctapp-2011.

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