MICHAEL SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant has a right to counsel at sentencing, even after pleading guilty, if they become indigent.
Michael Smith was convicted of burglary and sentenced without counsel. Although initially denied a public defender due to employment, Smith lost his j…
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PER CURIAM.
Michael Smith appeals his conviction and sentence for burglary of a dwelling. The sole issue raised on appeal is whether the trial court erred in sentencing Smith without renewing the offer of counsel.
It appears that Smith was gainfully employed at the time of his arrest, such that the county court at first appearance refused to appoint the public defender. Smith subsequently appeared for arraignment without counsel, and entered a plea of no contest. However, at sentencing Smith inquired whether the court would agree to appoint the public defender. He stated that he had lost his job in the interim since first appearance and could no longer afford a private attorney. The court informed Smith that while “a public defender can stand by you for the sentencing process ... you have already pled guilty.” The court then proceeded to impose sentence without appointing counsel.
An indigent defendant has the right to the assistance of counsel at every critical stage of the proceedings against him, including sentencing. A prior waiver of counsel is not sufficient to waive defendant’s rights at a later date. Mackwart v. State, 222 So. 2d 38 (Fla. 2d DCA 1969). Faced with Smith’s request for counsel, the trial court should have determined whether he qualified for the services of the public defender as of that time. Cf. Cooper v. State, 576 So. 2d 1379 (Fla. 2d DCA 1991). Accordingly, we must remand this case for a new sentencing hearing.
Reversed.
SCHOONOVER, C.J., and SCHEB and ALTENBERND, JJ., concur.
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Padgett v. State, 743 So. 2d 70 (Fla. 4th DCA 1999)…)(citing Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963)), review denied, 649 So. 2d 233 (Fla.1994). Trial, sentencing and direct appeal are all critical stages at which a defendant is 'entitled to counsel. See Smith v. State, 590 So. 2d 1078 (Fla. 2d DCA 1991)(right to counsel at sentencing); Ford v. State, 575 So. 2d 1335, 1337 (Fla. 1st DCA)(right to counsel on appeal)(citing Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963)), review denied, 581 So. 2d 1310 (Fla.…1 / 2
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Searcy v. State, 971 So. 2d 1008 (Fla. 3d DCA 2008)…s anything but a critical stage in his criminal proceeding. The law is clear that sentencing is a critical stage. See Sandoval v. State, 884 So. 2d 214, 215 (Fla. 2d DCA 2004); Padgett v. State, 743 So. 2d 70, 72 (Fla. 4th DCA 1999); Smith v. State, 590 So. 2d 1078 (Fla. 2d DCA 1991) (“An indigent defendant has the right to the assistance of counsel at every critical stage of the proceedings against him, including sentencing.”). The majority seeks to circumvent this deeply enshrined constitutional right to cou…
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Beard v. State, 751 So. 2d 61 (Fla. 2d DCA 1999)…the proceedings. Sentencing is a critical stage of a criminal proceeding, and a trial court must renew the offer of counsel even if the defendant has previously waived counsel. See Hardy v. State, 655 So. 2d 1245 (Fla. 5th DCA 1995); Smith v. State, 590 So. 2d 1078 (Fla. 2d DCA 1991). A plea hearing is also a critical stage of the criminal proceeding which requires the renewal of the offer of counsel. See Annechino v. State, 557 So. 2d 915 (Fla. 4th DCA 1990). Since there was a proper inquiry regarding Beard’…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- MacHwart v. State, 222 So. 2d 38 (Fla. 2d DCA 1969)
- Cooper v. State, 576 So. 2d 1379 (Fla. 2d DCA 1991)