5D11-2084 Michael Tyler v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-2084

Case Date: 06/11/2012

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012

MICHAEL SCOTT TYLER, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 15, 2012 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. Case No. 5D11-2084

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.

2

Download 5D11-2084 Michael Tyler v. State.pdf