JAMES TUBWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant appeals his conviction for felony battery and the five-year sentence imposed as punishment for the crime, contending that the trial court erred in failing to renew the offer of appointed counsel at several critical stages of the proceeding. We find no error in the hearing to determine whether the defendant was capable of making an informed choice of self-representation, and that the offer of counsel made during this hearing applied to all of the proceedings before the jury. However, the offer to provide appointed counsel was not renewed prior to the sentencing hearing. Because, we are unable to conclude that this error was harmless, we conclude that the defendant is entitled to a new sentencing hearing. Accordingly, we affirm the conviction but reverse for resentencing.
ERVIN, PADOVANO and LEWIS, JJ., Concur.
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White v. State, 21 So. 3d 77 (Fla. 1st DCA 2009)…ute a knowing waiver of his or her right to counsel). If the right to counsel is waived, the waiver applies only to the present stage and must be renewed at each subsequent stage in the proceedings. Traylor, 596 So. 2d at 968; see Tubwell v. State, 886 So. 2d 433, 433 (Fla. 1st DCA 2004) (reversing for resentencing because the offer to provide appointed counsel was not renewed prior to the sentencing hearing); Moore v. State, 868 So. 2d 683, 684 (Fla. 5th DCA 2004) (reversing and remanding because the trial…
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Tubwell v. State, 922 So. 2d 378 (Fla. 1st DCA 2006)…lant was convicted of felony battery. On direct appeal, this Court affirmed his conviction and- reversed his sentence because the trial court did not renew the offer to provide appointed counsel prior to the sentencing hearing. See Tubwell v. State, 886 So. 2d 433, 433-34 (Fla. 1st DCA 2004). On remand, the Appellant objected to the accuracy of his prior convictions. The trial court overruled his objection on the basis that the Appellant agreed to the accuracy of the scoresheet at the original sentencing proc…