KENYA JAROD FRANKLIN
v.
STATE OF FLORIDA
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A trial court commits fundamental error when it fails to renew the offer of assistance of counsel before imposing sentence.
[1] A trial court commits fundamental error when it fails to renew an offer of assistance of counsel before imposing sentence, even if no objection is raised by the defendant…
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Join FLexlaw to unlock all legal intelligenceKenya Jarod Franklin was convicted in Marion County Circuit Court and sentenced. On appeal, Franklin argued the trial court failed to renew its offer …
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ON CONFESSION OF ERROR PER CURIAM. Appellant Kenya Jarod Franklin appeals his final judgment and sentence. In his only issue on appeal, Franklin argues that the trial court committed fundamental error when it failed to renew
the offer of assistance of counsel before sentencing him. Based upon the State’s confession of error and our review of the record, we agree. Franklin’s judgment is affirmed, but the sentence is vacated. The case is remanded for a new sentencing hearing with an offer of counsel consistent with Florida Rule of Criminal Procedure 3.111(d)(5). See Hays v. State, 63 So. 3d 887 (Fla. 5th DCA 2011).
JUDGMENT AFFIRMED, SENTENCE VACATED, and REMANDED for resentencing. HARRIS, SOUD, and PRATT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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