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891 So. 2d 1154

Hawley v. State

District Court of Appeal of Florida

Decided January 26, 2005

District Court of Appeal of Florida · decided 2005-01-26

Relies on 439 So. 2d 219 - State v. Scott · 578 So. 2d 27 - Chestnut v. State · Behrman v. State

Decided 2005-01-26

PER CURIAM.

¶1Appellant 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)

¶2REVERSED and REMANDED.

FARMER, C.J., SHAHOOD and TAYLOR, JJ., concur.
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