Tyler v. State

90 So. 3d 346, 2012 WL 2159226, 2012 Fla. App. LEXIS 9702
Procedural entryThis page is a short order in Tyler v. State. Read the opinion of the Court — 2011 Fla. App. LEXIS 12148
District Court of Appeal of Florida·Decided June 15, 2012·No. No. 5D11-2084·Published

Opinion

PER CURIAM.

Michael S. Tyler appeals his sentence imposed following a violation of probation. Tyler, who had previously waived his right to counsel, asserts he is entitled to a new sentencing hearing because the offer of counsel was not renewed. The State properly concedes error. Harris v. State, 79 So.3d 879 (Fla. 5th DCA 2012); Hays v. State, 63 So.3d 887 (Fla. 5th DCA 2011).

Accordingly, we vacate the sentence and remand for a resentencing hearing consistent with this opinion.

SENTENCE VACATED and REMANDED.

ORFINGER, C.J., LAWSON and JACOBUS, JJ., concur.

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Tyler v. State, 90 So. 3d 346, 2012 WL 2159226, 2012 Fla. App. LEXIS 9702 (Fla. Ct. App. 2012).

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Related

Harris v. State
79 So. 3d 879 (District Court of Appeal of Florida, 2012)
Hays v. State
63 So. 3d 887 (District Court of Appeal of Florida, 2011)