PAUL HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a retrial after a mistrial is not a subsequent stage requiring a renewed offer of counsel, and any error in failing to re-offer counsel before sentencing was harmless.
Paul Harris was convicted of several felonies after electing to represent himself. Following a mistrial, a retrial was conducted, and Harris was sente…
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HARRIS, Judge.
Paul Harris was convicted of several counts of aggravated stalking, burglary of a structure, criminal mischief, and grand theft. He was sentenced within the guideline range. Harris, who received consent to represent himself, now seeks reversal because the court did not renew the offer of assistance of counsel “at each subsequent stage of the proceedings.” See Rule 3.111(d)(5), Florida Rules of Criminal Procedure.
The court properly conducted a Far-etta hearing and concluded that Harris was competent to represent himself at trial. Although there was a mistrial because of a statement by one of the witnesses, we conclude that the retrial conducted shortly thereafter was not a “subsequent stage of the proceedings” within the contemplation of the rule. Harris had just been given the oppor tunity to represent himself at trial and the retrial was the repetition of the previous stage rather than a subsequent one. He gave no indication that he desired to change his mind about self-representation.
While we agree that the court should have renewed the offer of assistance of counsel prior to sentencing, we find such error to be harmless in this case. Harris was sentenced within the guideline range and, based on this record, we do not believe that he would have gotten a lesser sentence had the court appointed ten lawyers to speak for him. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
AFFIRMED.
COBB and THOMPSON, JJ., concur.
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Birlkey v. State, 220 So. 3d 431 (Fla. 4th DCA 2017)…rom that of Mincey v. State, 684 So. 2d 236, 238 (Fla. 1st DCA 1996): In Mincey, “appellant relied on standby counsel extensively, before, during and after the trial,” and standby counsel handled the sentencing. Id. at 238. But see Harris v. State, 687 So. 2d 29, 30 (Fla. 5th DCA 1997) (“While we agree that the court should have renewed the offer of assistance of counsel prior to sentencing, we find such error to be harmless in this case. Harris was sentenced within the guideline range and, based on this re…
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Miratel Capitaine v. State, 58 So. 3d 438 (Fla. 4th DCA 2011)…e State in support of its harmless error argument, is distinguishable. In Mincey, “appellant relied on standby counsel extensively, before, during and after the trial,” and standby counsel handled the sentencing. Id. at 238. But see Harris v. State, 687 So. 2d 29, 30 (Fla. 5th DCA 1997) (“While we agree that the court should have renewed the offer of assistance of counsel prior to sentencing, we find such error to be harmless in this case. Harris was sentenced within the guideline range and, based on this re…
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Hughes v. State, 740 So. 2d 44 (Fla. 1st DCA 1999)…095 (Fla. 2d DCA 1995); Pall v. State, 632 So. 2d 1084 (Fla. 2d DCA 1994). Trial in every ease is a critical stage of the proceedings. See Lamb v. State, 535 So. 2d 698 (Fla. 1st DCA 1988). The facts of this case are unlike those in Hards v. State, 687 So. 2d 29 (Fla. 5th DCA 1997). In Hards, the court held there was no error where the offer of assistance of counsel was not renewed because the retrial was conducted shortly after a mistrial was declared. Here, petitioner’s original trial and conviction occur…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)