Petkus v. State

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…