Uhler v. State

District Court of Appeal of Florida

Uhler v. State

176 So. 3d 1022, 2015 Fla. App. LEXIS 15701, 2015 WL 6390887

CourtDistrict Court of Appeal of Florida

DecidedOctober 22, 2015

DocketNo. 1D15-2198

StatusPublished

This text of 176 So. 3d 1022 (Uhler 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

Uhler v. State, 176 So. 3d 1022, 2015 Fla. App. LEXIS 15701, 2015 WL 6390887 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. We affirm the summary denial of grounds one and three without discussion. In ground two, the appellant alleges that he was resentenced pursuant to his motion to correct illegal sentence without being present and represented by counsel. Because the trial court had discretion during the resentencing hearing, the appellant was entitled to be present and represented by counsel. See Jordan v. State, 143 So.3d 335, 339-40 (Fla.2014). We reverse the denial of ground two and remand for resentencing in accordance with this opinion.

AFFIRMED in part, REVERSED in part, and REMANDED.

WETHERELL, ROWE, and RAY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. We affirm the summary denial of grounds one and three without discussion. In ground two, the appellant alleges that he was resentenced pursuant to his motion to correct illegal sentence without being present and represented by counsel. Because the trial court had discretion during the resentencing hearing, the appellant was entitled to be present and represented by counsel. See Jordan v. State, 143 So.3d 335, 339-40 (Fla.2014). We reverse the denial of ground two and remand for resentencing in accordance with this opinion.

AFFIRMED in part, REVERSED in part, and REMANDED.

WETHERELL, ROWE, and RAY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

176 So. 3d 1022, 2015 Fla. App. LEXIS 15701, 2015 WL 6390887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/uhler-v-state-fladistctapp-2015.

Opinion

Related

Cite This Page — Counsel Stack