Berryhill v. State

District Court of Appeal of Florida

Berryhill v. State

177 So. 3d 1290, 2015 Fla. App. LEXIS 17715, 2015 WL 7454164

CourtDistrict Court of Appeal of Florida

DecidedNovember 24, 2015

DocketNo. 1D14-3072

StatusPublished

This text of 177 So. 3d 1290 (Berryhill v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berryhill v. State, 177 So. 3d 1290, 2015 Fla. App. LEXIS 17715, 2015 WL 7454164 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Appellant Christopher Ray Berryhill appeals his judgment of conviction for carjacking. Appellant was permitted to represent himself after a Faretta¹ inquiry was conducted, and stand-by counsel was appointed. However, the trial court erroneously held that the suppression hearing was not a crucial stage of the proceedings below and did not adequately renew the offer of assistance of counsel; therefore, we are compelled to reverse. See Kearse v. State, 858 So.2d 348 (Fla. 1st DCA 2003); Fla. R. Crim. P. 3.111(d)(5).

Accordingly, appellant’s judgment of conviction is REVERSED, his sentence is [1291]*1291VACATED, and the cause is REMANDED.

WOLF, BILBREY, and WINOKUR, JJ., concur.

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PER CURIAM.

Appellant Christopher Ray Berryhill appeals his judgment of conviction for carjacking. Appellant was permitted to represent himself after a Faretta¹ inquiry was conducted, and stand-by counsel was appointed. However, the trial court erroneously held that the suppression hearing was not a crucial stage of the proceedings below and did not adequately renew the offer of assistance of counsel; therefore, we are compelled to reverse. See Kearse v. State, 858 So.2d 348 (Fla. 1st DCA 2003); Fla. R. Crim. P. 3.111(d)(5).

Accordingly, appellant’s judgment of conviction is REVERSED, his sentence is [1291]*1291VACATED, and the cause is REMANDED.

WOLF, BILBREY, and WINOKUR, JJ., concur.

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Bluebook (online)

177 So. 3d 1290, 2015 Fla. App. LEXIS 17715, 2015 WL 7454164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berryhill-v-state-fladistctapp-2015.

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