CHRISTOPHER THOMAS HAYS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court must renew its offer of assistance of counsel at each subsequent stage of criminal proceedings if the defendant waived counsel at an earlier stage, even if the defendant does not request counsel.
The defendant represented himself at trial and proceeded to sentencing without the trial court renewing its offer of assistance of counsel. The defend…
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Christopher Thomas Hays (defendant) appeals his judgment and sentence entered by the trial court on the charge of failing to comply with sex offender reporting requirements.1 Determining that the trial court did not err in entering the judgment, we affirm same. However, determining that the trial court abused its discretion by failing to renew the offer of assistance of counsel to the defendant at the sentencing stage, we vacate the defendant’s sentence and remand for resentencing.
In this case, the defendant represented himself during his trial. Following the entry of the jury’s verdict, the trial court entered judgment and proceeded immediately to sentencing without renewing an offer of assistance of counsel to the defendant.
This court has held:
[I]f a defendant waives the right to counsel at any stage of the criminal proceedings, the trial court must renew the offer of assistance of counsel at each subsequent stage of the proceedings. Sentencing is a critical stage in criminal proceedings; and, even if a defendant does not request appointment of counsel, this omission is not considered a knowing waiver of the right to counsel.
Hardy v. State, 655 So.2d 1245, 1247-48 (Fla. 5th DCA 1995) (vacating and remanding the defendant’s sentence for re-sentencing because the trial court failed to renew its offer of assistance of counsel at sentencing); see also Fla. R. Crim. P. 3.111(d)(5) (stating: “[I]f a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the defendant appears without counsel.”).
Accordingly, the defendant’s sentence is vacated and this matter is remanded for resentencing.
Judgment AFFIRMED, Sentence VACATED; and case REMANDED for RE-SENTENCING.
ORFINGER and COHEN, JJ„ concur.
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Serrano v. State, 113 So. 3d 895 (Fla. 2d DCA 2012)…ut renewing the offer of counsel. Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing. See, e.g., Hays v. State, 63 So. 3d 887, 888 (Fla. 5th DCA 2011); see also Fla. R.Crim. P. 3.111(d)(5) (“If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the defen…
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Birlkey v. State, 220 So. 3d 431 (Fla. 4th DCA 2017)…he replied affirmatively, and stated that he did not want court-appointed counsel. This appeal followed. We review appellant’s claim that the trial court failed to renew the offer of assistance of counsel for abuse of discretion. See Hays v. State, 63 So. 3d 887, 888 (Fla. 5th DCA 2011) (“[Determining that the trial court abused its discretion by failing to renew the offer of assistance of counsel to the defendant at the sentencing stage, we vacate the defendant’s sentence and remand for resentencing.”). Ho…
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Vollmer v. State, 101 So. 3d 383 (Fla. 2d DCA 2012)…ffirm the adjudication of guilt. But Vollmer additionally argues, and the State properly concedes, that he is entitled to resentencing because the offer of counsel was not renewed at that critical stage of the proceedings. See, e.g., Hays v. State, 63 So. 3d 887, 888 (Fla. 5th DCA 2011); see also Fla. R.Crim. P. 3.111(d)(5). Consequently, we vacate Vollmer’s sentence and remand the matter for resen-tencing consistent with this opinion. Reversed and remanded. ALTENBERND and BLACK, JJ., Concur. . Although…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hardy v. State, 655 So. 2d 1245 (Fla. 5th DCA 1995)