RICHARD BLANE, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RICHARD BLANE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-4179 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed February 7, 2011. An appeal from the Circuit Court for Walton County. Howard Laporte, Judge. Glenn M. Swiatek, Criminal Defense Attorney, Shalimar, for Appellant. Pamela Jo Bondi, Attorney General and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant seeks review of his convictions and sentences for trafficking in methamphetamine, possession of cannabis, and possession of drug paraphernalia. Appellant raises four issues on appeal, including a claim that the trial court erred in failing to renew the offer of conflict free counsel at sentencing and resentencing as required by Florida Rule of Criminal Procedure 3.111(d)(5). The state properly concedes that the court erred, warranting reversal of Appellant s sentence. Parker v. State, 539 So. 2d 1168 (Fla. 1st DCA 1989); Kepner v. State, 911 So. 2d 1256 (Fla. 4th DCA 2005). Therefore, Appellant s sentences are VACATED and the cause is remanded for resentencing. We affirm the remaining claims without further comment. WOLF, HAWKES and WETHERELL, JJ., CONCUR. 2

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