Florida District Courts of Appeal, 2012

Tyler v. State

Tyler v. State
Florida District Courts of Appeal · Decided June 15, 2012 · Jacobus, Lawson, Orfinger
90 So. 3d 346; 2012 WL 2159226; 2012 Fla. App. LEXIS 9702 (Southern Reporter, Third Series)

Tyler v. State

Opinion of the Court

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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