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Hawley v. State

891 So. 2d 1154, 2005 Fla. App. LEXIS 590, 2005 WL 156750
CourtDistrict Court of Appeal of Florida
DecidedJanuary 26, 2005
DocketNo. 4D03-4475
StatusPublished

This text of 891 So. 2d 1154 (Hawley 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
Hawley v. State, 891 So. 2d 1154, 2005 Fla. App. LEXIS 590, 2005 WL 156750 (Fla. Ct. App. 2005).

Opinion

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.

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Related

Chestnut v. State
578 So. 2d 27 (District Court of Appeal of Florida, 1991)
State v. Scott
439 So. 2d 219 (Supreme Court of Florida, 1983)
Behrman v. State
696 So. 2d 811 (District Court of Appeal of Florida, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
891 So. 2d 1154, 2005 Fla. App. LEXIS 590, 2005 WL 156750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawley-v-state-fladistctapp-2005.