SCOTT PHILLIP HENRETTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Scott Phillip Henretty appeals his conviction and sentence, arguing that fundamental error occurred when the trial court failed to renew the offer of counsel prior to Henretty entering his plea and failed to renew the offer prior to the imposition of sentence. Pursuant to Florida Rule of Criminal Procedure 3.111(d)(5), if a waiver of counsel is accepted at any stage of the proceedings, the trial court shall renew the offer of counsel at each subsequent stage of the proceedings. Both plea hearings and sentencing are considered critical stages that require the renewal of the offer of counsel. Beard v. State, 751 So.2d 61, 62 (Fla. 2d DCA 1999). This failure constitutes fundamental error under the facts of this case. Monte v. State, 51 So.3d 1196, 1201 (Fla. 4th DCA 2011); Smith v. State, 41 So.3d 1081, 1088 (Fla. 2d DCA 2010). We therefore vacate Henretty’s plea and sentence and remand for further proceedings consistent with this opinion.
REVERSED and REMANDED.
THOMAS, ROWE, and OSTERHAUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Birlkey v. State, 220 So. 3d 431 (Fla. 4th DCA 2017)…e purposes of the VOP hearing on November 24. See Segal, 920 So. 2d at 1280 (“[A] VOP hearing is a crucial stage requiring the renewal of the offer of assistance of counsel.”). [*435] However, a sentencing is also a crucial stage. Henretty v. State, 155 So. 3d 1254, 1255 (Fla. 1st DCA 2015); Monte, 51 So. 3d at 1201. As “[sentencing is a- critical stage of a criminal proceeding ... a trial court must renew the offer of counsel even if the defendant has previously waived counsel,” Beard v. State, 751 So. 2d 61,…
Authorities Cited
- Monte v. State, 51 So. 3d 1196 (Fla. 4th DCA 2011)
- Beard v. State, 751 So. 2d 61 (Fla. 2d DCA 1999)
- Smith v. State, 41 So. 3d 1081 (Fla. 2d DCA 2010)