Wells v. State
This text of 789 So. 2d 1092 (Wells 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.
Opinion
Thomas Perry WELLS, Jr., Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*1093 Thomas Perry Wells, Jr., Sanderson, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.
WHATLEY, Acting Chief Judge.
Thomas Perry Wells, Jr., appeals the sentence imposed following his successful motion for postconviction relief. The trial court granted his motion for postconviction relief after finding that Wells was sentenced pursuant to an incorrect scoresheet upon a violation of probation, and it ordered a resentencing hearing. We reverse because Wells was not afforded counsel at resentencing.
An indigent prisoner is entitled to the appointment of counsel at resentencing following a successful motion for postconviction relief. Petkus v. State, 702 So.2d 590 (Fla. 2d DCA 1997); Behrman v. State, 696 So.2d 811 (Fla. 2d DCA 1997); State v. Scott, 439 So.2d 219 (Fla.1983). Accordingly, we reverse and remand for resentencing again after Wells is afforded or waives counsel. See Behrman.
Reversed and remanded for resentencing.
GREEN, J., and DANAHY, PAUL W., (Senior) Judge, Concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
789 So. 2d 1092, 2001 WL 685925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-fladistctapp-2001.