THOMAS PARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court vacated defendant's sentence for aggravated stalking because trial court failed to renew the offer of counsel at sentencing after defendant had waived counsel pre-trial.
Once a defendant waives the right to counsel, the trial court must renew the offer of counsel at each subsequent critical stage of proceedings, including sentencing.
[1] Sentencing is a critical stage of criminal proceedings at which the trial court must renew its offer of counsel to a defendant who previously waived the right to counsel,…
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Join FLexlaw to unlock all legal intelligence“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.”
Court citing Serrano v. State to establish the rule requiring renewal of counsel offer at sentencing.
Parker waived his right to counsel nearly a month before trial and represented himself throughout trial. After the jury returned a guilty verdict for …
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Thomas Parker appeals his judgment and sentence for aggravated stalking. He raises two issues on appeal, the first of which we affirm without further comment. As for the second issue, Parker argues that the trial court committed reversible error by failing to conduct a Faretta1 inquiry before sentencing him. Because the trial court failed to renew the offer of counsel before sentencing Parker, we vacate the sentence and remand for resen-tencing.
Nearly a month before trial, Parker opted to waive his right to counsel and elected to represent himself. At that time, the trial court conducted a Faretta inquiry and allowed Parker to represent himself throughout the trial. However, when the jury returned with the guilty verdict, the trial court proceeded immediately to sentencing without renewing the offer of counsel. 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 appears without counsel). Accordingly, we affirm the judgment, vacate the sentence, and remand for resentenc-ing.
ALTENBERND and KHOUZAM, JJ. Concur.
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Citator
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Pugh v. State, 181 So. 3d 529 (Fla. 2d DCA 2015)…refer the assistance of counsel. Traylor v. State, 596 So. 2d 957, 968 (Fla.1992) (holding that Florida’s constitutional right to choose one’s manner of representation “must apply at least at each crucial stage of the prosecution”); Parker v. State, 137 So. 3d 593, 594 (Fla. 2d DCA 2014) (noting that sentencing is a critical stage of a criminal proceeding that requires a renewed offer of counsel); Ingraham v. State, 32 So. 3d 761, 767 (Fla. 2d DCA 2010) (same). A trial court’s failure, prior to a crucial stag…
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Sharese Bergeron v. State, 210 So. 3d 129 (Fla. 2d DCA 2016)…ron to represent herself with counsel on standby. After finding 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 wit…
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Murray v. State, 265 So. 3d 723 (Fla. 2d DCA 2019)…of the proceedings . . . ."). Even where no intervening event occurs, the court must renew the offer of counsel prior to each critical stage of the proceedings. See Bergeron v. State, 210 So. 3d 129, 129-30 (Fla. 2d DCA 2016); Parker v. State, 137 So. 3d 593, 594 (Fla. 2d DCA 2014); Serrano v. State, 113 So. 3d 895, 896 (Fla. 2d DCA 2012). The failure to do so is per se reversible error. Pugh v. State, 181 So. 3d 529, 530 (Fla. 2d DCA 2015); see also Alexander, 224 So. 3d at 806 ("Failure to renew t…
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010)
- Serrano v. State, 113 So. 3d 895 (Fla. 2d DCA 2012)