ANTHONY SERRANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by not renewing the offer of counsel at sentencing after the defendant represented himself at trial.
The defendant waived his right to counsel and represented himself at trial. After the jury verdict, the trial judge proceeded directly to sentencing w…
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Anthony Serrano appeals his convictions and sentences for trespass, battery, and criminal mischief. Because the trial court did not renew the offer of counsel at sentencing after Serrano represented himself at trial, we reverse and remand for resen-tencing. We affirm as to the remaining issues.
Prior to trial, Serrano requested to waive his right to counsel and represent himself. In response, the trial judge conducted a Faretta, 1 inquiry. At each and every subsequent pretrial hearing, and on the morning of trial, the court renewed the offer of counsel. Serrano persisted in requesting to proceed pro se, and eventually represented himself at trial. Despite the court’s repeated offers of counsel before trial, after the jury announced its verdict the trial judge immediately proceeded to sentencing, unfortunately without 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 defendant appears without counsel.”). Because the trial court did not do so here, we must vacate Serrano’s sentence and remand for resentenc-ing.
Judgment affirmed, sentence vacated, and case remanded for resentencing.
ALTENBERND and LaROSE, JJ., Concur.
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Howard v. State, 147 So. 3d 1040 (Fla. 1st DCA 2014)…reversible error. Id. at 379. Further, “[o]nce 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.” Serrano v. State, 113 So. 3d 895, 896 (Fla. 2d DCA 2012); see also Fla. R. Grim. P. 3.111(d)(5). The hearing on a defendant’s motion for new trial is also a critical stage. See Harper v. State, 201 So. 2d 65, 66 (Fla.1967); Miller v. State, 8 So. 3d 451, 453 (Fla. 1st DCA 2009). Fa…
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Parker v. State, 137 So. 3d 593 (Fla. 2d DCA 2014)…sel. In doing so, the trial court erred. “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.” Serrano v. State, 113 So. 3d 895, 896 (Fla. 2d DCA 2012); see also Ingraham v. State, 32 So. 3d 761, 768-69 (Fla. 2d DCA 2010) (holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant ap…
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Sharese Bergeron v. State, 210 So. 3d 129 (Fla. 2d DCA 2016)…nding Bergeron in violation of her probation, the court immediately proceed [*130] ed to sentence her without offering Bergeron the assistance of counsel. This was error. See Parker v. State, 137 So. 3d 593, 594 (Fla. 2d DCA 2014); Serrano v. State, 113 So. 3d 895, 896 (Fla. 2d DCA 2012); see also Fla. R. Crim. P. 3.111(d)(5). As a result, we reverse Bergeron’s sentence and remand for resentencing. Affirmed in part, reversed in part, and remanded with instructions. MORRIS and SLEET, JJ., concur. . Fare…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Hays v. State, 63 So. 3d 887 (Fla. 5th DCA 2011)