Berryhill v. State

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

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 VACATED, and the cause is REMANDED.

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

Footnotes

1

. Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).