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789 So. 2d 1092

Docket No. 2D00-1087.

Wells v. State

Thomas Perry WELLS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 20, 2001.

District Court of Appeal of Florida · decided 2001-06-20

Cited by 3 later decisions — most recently July 2010

3 state decisions

Key passage — most relied on by later courts

“An indigent prisoner is entitled to the appointment of counsel at resentencing following a successful motion for postconviction relief.”

quoted by 1 later decision, including Nickerson v. State

Relies on 439 So. 2d 219 - State v. Scott · Behrman v. State · 702 So. 2d 590 - Petkus v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-06-20

View the full empirical analysis of this case →

¶1*1093 Thomas Perry Wells, Jr., Sanderson, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

¶3WHATLEY, Acting Chief Judge.

¶4Thomas 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.

¶5An 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.

¶6Reversed and remanded for resentencing.

¶7GREEN, J., and DANAHY, PAUL W., (Senior) Judge, Concur.

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