Matthew Hawley v. State of Florida

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 MATTHEW HAWLEY, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 4D03-4475 Opinion filed January 26, 2005 Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael G. Kaplan, Judge; L.T. Case No. 9320275 CF A. Matthew Hawley, Arcadia, Pro Se. Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Appellant was re-sentenced after successfully moving to correct his initial sentence, which exceeded the statutory maximum. We reverse and remand the sentence imposed at resentencing, 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. NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

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