FREDERICK J. DANIELS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Jackson v. State, 983 So. 2d 562 (Fla. 2008)
  …, but the temporary absence of counsel, as occurred in Jackson, does not. “To establish a claim of denial of the right to counsel, a defendant ‘need only show that counsel was absent during a critical stage of the proceedings....’” Wilson v. State, 764 So. 2d 813, 816 (Fla. 4th DCA 2000) (quoting Green v. Arn, 809 [*575] F. 2d 1257, 1263 (6th Cir.1987), vacated on other grounds, 484 U.S. 806, 108 S.Ct. 52, 98 L.Ed.2d 17 (1987)). “Sentencing is considered a critical stage at which a defendant is entitled to c…

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• Vincente Sandoval v. State, 884 So. 2d 214 (Fla. 2d DCA 2004)
  …to determine whether the accused is knowingly and intelligently waiving his right to court-appointed counsel, and the court commits reversible error if it fails to do so.” Hardwick v. State, 521 So. 2d 1071, 1074 (Fla.1988). But see Wilson v. State, 764 So. 2d 813, 819 (Fla. 4th DCA 2000) (holding Faretta violation was harmless when defendant was without counsel for only a brief period of time during jury deliberations but “no action was taken which could have influenced the jury’s verdict”). We recognize th…
• Fonseca v. State, 956 So. 2d 1259 (Fla. 4th DCA 2007)
  …state attorney about jury instructions, thus denying him a right to counsel at a critical stage in the proceedings. We disagree. A charge conference is a critical stage of the proceedings to which the right to counsel attaches. See Wilson v. State, 764 So. 2d 813, 816 (Fla. 4th DCA 2000) (recognizing that “[tjrial, sentencing, and direct appeal are all critical stages at which a defendant is entitled to counsel.”). Fonseca asserts that the denial of a defendant’s constitutional right to counsel is per se rev…

Authorities Cited

• Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)