SIDNEY LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2010-04-07
No. 1D09-2376
DAVIS, BENTON, and MARSTILLER, JJ., concur.
31 So. 3d 944 Florida District Court of Appeal, First District (2010) Positive Treatment
Cited by 4 cases
Topics
Knowing And Intelligent Waiver Right To Counsel

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Sidney Lewis (“Appellant”) appeals his conviction and sentence for felony battery. He argues the trial court failed to conduct an adequate inquiry to determine whether his waiver of court-appointed counsel was knowing, voluntary, and intelligent, as required by Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). He also argues the court erred when it failed to renew the offer of counsel prior to sentencing. We find the trial court satisfied Faretta and therefore did not abuse its discretion by permitting Appellant to represent himself at trial. See Aguirre-Jarquin v. State, 9 So.3d 593, 602 (Fla.2009). However, Florida Rule of Criminal Procedure 3.111(d)(5) required the court to inquire further or renew the offer of counsel at the sentencing phase. Failure to do so constitutes reversible error. Travis v. State, 969 So.2d 532, 533 (Fla. 1st DCA 2007).

Accordingly, we AFFIRM the conviction, VACATE the sentence, and REMAND for resentencing.

DAVIS, BENTON, and MARSTILLER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Cleveland v. State, 135 So. 3d 425 (Fla. 1st DCA 2014)
    …solicitation. However, as properly conceded by the State, the trial court erred when it failed to renew the offer of counsel at the sentencing phase of Appellant’s trial as required by Florida Rule of Criminal Procedure 3.111(d)(5). Lewis v. State, 31 So. 3d 944, 945 (Fla. 1st DCA 2010); Travis v. State, 969 So. 2d 532, 533 (Fla. 1st DCA 2007). We, therefore, affirm Cleveland’s convictions, vacate his sentences, and remand for resentencing. AFFIRMED in part, REVERSED in part, and REMANDED. ROWE and OSTERH…
  • Cunningham v. State, 87 So. 3d 841 (Fla. 1st DCA 2012)
    …ounsel by failing to renew an offer of counsel before imposing sentence. See Traylor v. State, 596 So. 2d 957, 968 (Fla.1992) (stating that a defendant has the right to assistance of counsel at each crucial stage of the proceedings); Lewis v. State, 31 So. 3d 944, 945 (Fla. 1st DCA 2010) (holding that Florida Rule of Criminal Procedure 3.111(d)(5) requires trial court to renew offer of counsel at sentencing phase); Travis v. State, 969 So. 2d 532, 533 (Fla. 1st DCA 2007) (“Sentencing is a crucial stage of a…

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