Tyler v. State

Full title: Michael Scott TYLER, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Jun 15, 2012

90 So. 3d 346 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D11–2084.

2012-06-15

Michael Scott TYLER, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge. James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge.
James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
PER 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.