SCOTT PHILLIP HENRETTY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that appellate counsel was ineffective for failing to argue that the trial court erred by not renewing the offer of counsel at the entry of a guilty plea and sentencing.
Petitioner, proceeding pro se after dismissing his attorney, entered a guilty plea and was sentenced without the trial court renewing the offer of cou…
The full statement of facts, procedural history, and disposition for this case are member content.
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Scott Henretty presents a timely claim of ineffective assistance of appellate counsel. He correctly maintains that, in his appeal to this court in 2011, see Henretty v. State, 75 So.3d 722 (Table) (Fla. 1st DCA 2011), his appellate counsel was ineffective for failing to argue that the trial court erred by not renewing the offer of counsel at the entry of his guilty plea and again at sentencing. At the time the petitioner entered his guilty plea and was sentenced, he was proceeding pro se, having previously dismissed his attorney and been *56found competent to represent himself at trial. The trial court accepted his guilty plea and imposed sentence without renewing the offer of counsel as required by Florida Rule of Criminal Procedure 3.111(d)(5).
A trial court must renew the offer of counsel at every critical stage of the proceedings, including the entry of a plea and sentencing. The failure to do so ordinarily constitutes fundamental error. See Jackson v. State, 983 So.2d 562, 575 (Fla.2008); Smith v. State, 41 So.3d 1081 (Fla. 2d DCA 2010); Curtis v. State, 32 So.3d 759 (Fla. 2d DCA 2010); Monte v. State, 51 So.3d 1196, 1201 (Fla. 4th DCA 2011); Clary v. State, 818 So.2d 686, 688 (Fla. 5th DCA 2002); Beard v. State, 751 So.2d 61, 62 (Fla. 2d DCA 1999). Therefore, the petitioner’s appellate counsel rendered ineffective assistance of appellate counsel by failing to raise this issue. See Traylor v. State, 596 So.2d 957 (Fla.1992); Blane v. State, 987 So.2d 241 (Fla. 1st DCA 2008); see also Miller v. State, 887 So.2d 437 (Fla. 1st DCA 2004).
We grant the petitioner a new appeal. A copy of this opinion shall be filed with the trial court and treated as the notice of appeal. If the petitioner qualifies for appointed counsel, the trial court shall appoint new counsel to represent petitioner on appeal.
Reversed and remanded.
PADOVANO, ROWE, and OSTERHAUS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Neal v. State, 142 So. 3d 883 (Fla. 1st DCA 2014)…subsequent stage of the proceedings at which the defendant appears without counsel.” The entry of a plea is a critical stage of the proceedings at which point the offer for appointed counsel must ordinarily be renewed. Henretty v. State, 1D13-0504, 146 So. 3d 55, 2014 WL 211491. However, the general rule requiring renewal of the offer of counsel does not apply in this case because standby counsel was appointed by the court, was accepted by Appellant, and was available for consultation at each stage of the p…
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Williams v. State, 215 So. 3d 1248 (Fla. 5th DCA 2017)…urt’s failure to offer counsel for sentencing ordinarily constitutes fundamental error. Jackson v. State, 983 So. 2d 562, 575 (Fla. 2008). Thus, appellate counsel provides ineffective assistance by not raising the issue on appeal. Henretty v. State, 146 So. 3d 55, 56 (Fla. 1st DCA 2014) (finding appellate counsel ineffective and ordering a new appeal); Blane v. State, 987 So. 2d 241, 241 (Fla. 1st DCA 2008) (same). The record reflects that the trial court offered to appoint Williams counsel at the outset of…
Authorities Cited
- Traylor v. State, 596 So. 2d 957 (Fla. 1992)
- Jackson v. State, 983 So. 2d 562 (Fla. 2008)
- Monte v. State, 51 So. 3d 1196 (Fla. 4th DCA 2011)
- Beard v. State, 751 So. 2d 61 (Fla. 2d DCA 1999)
- Lynnie R. Clary v. State, 818 So. 2d 686 (Fla. 5th DCA 2002)
- Curtis v. State, 32 So. 3d 759 (Fla. 2d DCA 2010)
- Smith v. State, 41 So. 3d 1081 (Fla. 2d DCA 2010)
- Blane v. State, 987 So. 2d 241 (Fla. 1st DCA 2008)
- Royal Miller v. State, 887 So. 2d 437 (Fla. 1st DCA 2004)
- Rosenblatt v. Lexyne Page and Howard Clyatt, 887 So. 2d 437 (Fla. 1st DCA 2004)