JAMES H. BEHRMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, James H. Behrman, filed a motion in the trial court to correct illegal sen- tenees pursuant to Florida Rule of Criminal Procedure 3.800. The state conceded, and the trial court agreed, that the sentences previously entered as a result of a plea agreement exceeded the statutory maximum for the offenses charged. The trial court proceeded to resentence appellant in an attempt to carry out the plea agreement and assure that the sentences were lawful. In this appeal from his resentencing, appellant raises several issues. Inasmuch as he was not represented by counsel at the resentencing, we reverse and remand for resentencing again after appellant is afforded or waives counsel. See State v. Scott, 439 So. 2d 219 (Fla.1983). Because we reverse and remand for resentencing on the issue of the lack of counsel, we find it unnecessary to address appellant’s other issues.
Reversed and remanded.
CAMPBELL, A.C.J., and SCHOONOVER and WHATLEY, JJ., concur.
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Wells v. State, 789 So. 2d 1092 (Fla. 2d DCA 2001)…as not afforded counsel at resentencing. An indigent prisoner is entitled to the appointment of counsel at resentencing following a successful motion for postcon-viction 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 resentenc-ing. GREEN, J., and DANAHY, PAU…
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Petkus v. State, 702 So. 2d 590 (Fla. 2d DCA 1997)…raised in his motion. On appeal, Petkus correctly argues that the trial court should have appointed counsel to represent him at resentencing on the attempted sexual battery offenses. See State v. Scott, 439 So. 2d 219 (Fla.1983); Behrman v. State, 696 So. 2d 811 (Fla. 2d DCA 1997). Accordingly, we reverse and remand for re-sentencing Petkus after he is afforded or waives counsel. See Behrman. Because of this disposition, we do not consider Petkus’s remaining issues. Reversed and remanded. THREADGILL and…
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Hawley v. State, 891 So. 2d 1154 (Fla. 4th DCA 2005)…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.…
Authorities Cited
- State v. Scott, 439 So. 2d 219 (Fla. 1983)