Hawley v. State

891 So. 2d 1154, 2005 Fla. App. LEXIS 590, 2005 WL 156750
Procedural entryThis page is a short order in Hawley v. State. Read the opinion of the Court — 822 So. 2d 552
District Court of Appeal of Florida·Decided January 26, 2005·No. No. 4D03-4475·Published

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

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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)