Florida District Courts of Appeal, 2005

Hawley v. State

Hawley v. State
Florida District Courts of Appeal · Decided January 26, 2005 · Farmer, Shahood, Taylor
891 So. 2d 1154; 2005 Fla. App. LEXIS 590; 2005 WL 156750 (Southern Reporter, Second Series)

Hawley v. State

Opinion of the Court

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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