PAUL B. PETKUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant has a right to counsel at resentencing proceedings.
The defendant's sentence exceeded the statutory maximum, and the trial court corrected it. However, the defendant was not represented by counsel at th…
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FRANK, Acting Chief Judge.
Paul B. Petkus appeals from the trial court’s order granting in part his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. We reverse because Petkus was not represented by counsel at resentencing.
At the evidentiary hearing on Petkus’s motion, the State conceded that the thirty-five-year sentence Petkus received for the attempted sexual battery offenses exceeded the thirty-year statutory maximum. The trial court resenteneed Petkus to thirty years in prison for those offenses but denied relief on the other claims Petkus 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 FULMER, JJ., concur.
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Citator
Cited By
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Wells v. State, 789 So. 2d 1092 (Fla. 2d DCA 2001)…ed 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 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 rem…
Authorities Cited
- State v. Scott, 439 So. 2d 219 (Fla. 1983)
- Behrman v. State, 696 So. 2d 811 (Fla. 2d DCA 1997)