JAMES BONA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2011-12-14
Nos. 4D10-797, 4D10-798
TAYLOR and DAMOORGIAN, JJ., concur.
75 So. 3d 1286 Florida District Court of Appeal, Fourth District (2011) Positive Treatment
Cited by 2 cases
Opinion of the Court
GERBER, J.

GERBER, J.

The defendant appeals his judgment and sentence for violating his probation. We affirm the judgment without discussion. However, we reverse the sentence. Although the sentence was legally permissible, the circuit court erred in failing to renew the offer of counsel before sentencing. See Capitaine v. State, 58 So.3d 438, 439 (Fla. 4th DCA 2011) (“Sentencing is a critical stage of a criminal proceeding, and a trial court must renew the offer of counsel even if the defendant has previously waived counsel.”) (citation omitted). We remand for resentencing after a renewal of the offer of counsel.

Affirmed in part, reversed in part, and remanded for resentencing.

TAYLOR and DAMOORGIAN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Birlkey v. State, 220 So. 3d 431 (Fla. 4th DCA 2017)
    …ring the VOP hearing, the trial court erred in failing to renew an offer of counsel before the sentencing hearing on his probation violation even though the hearing occurred immediately following the conclusion of the VOP hearing. See Bona v. State, 75 So. 3d 1286, 1286 (Fla. 4th DCA 2011) (“[W]e reverse the sentence. Although the sentence was legally permissible, the circuit court erred in failing to renew the offer of counsel before sentencing.”); Kepner. v. State, 911 So. 2d 1256, 1258 (Fla. 4th DCA 2005)…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw