RONALD RICHARD DESCAULT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm appellant’s conviction. However, as conceded by the State, the trial court did err in failing to conduct a Faret-ta inquiry at appellant’s sentencing hearing. “Sentencing is a crucial stage of a criminal proceeding, so that the offer of assistance of counsel must be renewed then, even if the defendant has previously waived counsel at other stages.” Travis v. State, 969 So.2d 532, 533 (Fla. 1st DCA 2007); see also Parker v. State, 539 So.2d 1168, 1169 (Fla. 1st DCA 1989); Kepner v. State, 911 So.2d 1256, 1258 (Fla. 4th DCA 2005); Beard v. State, 751 So.2d 61, 62 (Fla. 2d DCA 1999); Hardy v. State, 655 So.2d 1245, 1247-48 (Fla. 5th DCA 1995). We affirm appellant’s convictions but *991strike his sentence and remand for resen-tencing following a proper Faretta inquiry.
HAWKES, C.J., WOLF and WETHERELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010)…endant has previously waived counsel.” Beard v. State, 751 So. 2d 61, 62 (Fla. 2d DCA 1999). Accordingly, we must vacate Mr. Ingraham’s sentences and remand for resentencing after a proper Faretta inquiry. Beard, 751 So. 2d at 62; Descault v. State, 20 So. 3d 990, 991 (Fla. 1st DCA 2009); Travis v. State, 969 So. 2d 532, 533 (Fla. 1st DCA 2007). V. INVESTIGATIVE COSTS Mr. Ingraham argues that the $225 fee imposed on him for “investigative costs” under section 938.27(1), Florida Statutes (2004), should be s…
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Burke v. State, 37 So. 3d 976 (Fla. 1st DCA 2010)…ge of a criminal proceeding, so that the offer of assistance of counsel must be renewed then, even if the defendant has previously waived counsel at other stages.” Travis v. State, 969 So. 2d 582, 533 (Fla. 1st DCA 2007); see also Descault v. State, 20 So. 3d 990 (Fla. 1st DCA 2009). We affirm appellant’s convictions but strike his sentence and remand for resentencing following a proper Faretta inquiry. AFFIRMED in part, REVERSED in part, and REMANDED. DAVIS, VAN NORTWICK, and ROWE, JJ., concur.…
Authorities Cited
- Hardy v. State, 655 So. 2d 1245 (Fla. 5th DCA 1995)
- Beard v. State, 751 So. 2d 61 (Fla. 2d DCA 1999)
- Parker v. State, 539 So. 2d 1168 (Fla. 1st DCA 1989)
- Travis v. State, 969 So. 2d 532 (Fla. 1st DCA 2007)
- Sanders v. Union Carbide Corp., 911 So. 2d 1256 (Fla. 4th DCA 2005)
- Kepner v. State, 911 So. 2d 1256 (Fla. 4th DCA 2005)