Legal Opinion

Tyler v. State

District Court of Appeal of Florida

Decided June 15, 2012No. 5D11-2084Published

1Per curiam

Michael S. Tyler appeals his sentence imposed following a violation of probation. Tyler, who had previously waived his right to counsel, asserts he is entitled to a new sentencing hearing because the offer of counsel was not renewed. The State properly concedes error. Harris v. State, 79 So.3d 879 (Fla. 5th DCA 2012); Hays v. State, 63 So.3d 887 (Fla. 5th DCA 2011).

Accordingly, we vacate the sentence and remand for a resentencing hearing consistent with this opinion.

SENTENCE VACATED and REMANDED.

ORFINGER, C.J., LAWSON and JACOBUS, JJ., concur.

2Cases cited2 opinions

  1. Hays v. StateDistrict Court of Appeal of Florida · 2011
  2. Harris v. StateDistrict Court of Appeal of Florida · 2012