Bowman v. State

District Court of Appeal of Florida

Bowman v. State

550 So. 2d 544, 1989 Fla. App. LEXIS 5931, 1989 WL 125977

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 1989

DocketNo. 88-2835

StatusPublished

Cited by6 cases

This text of 550 So. 2d 544 (Bowman 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

Bowman v. State, 550 So. 2d 544, 1989 Fla. App. LEXIS 5931, 1989 WL 125977 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

This is the first of two appeals in which appellant raises three identical points. See case No. 88-2836. We affirm the trial court’s determination to allow appellant to act as his own attorney, as it conducted an appropriate inquiry under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); see also Jones v. State, 449 So.2d 253 (Fla.1984); Smith v. State, 407 So.2d 894 (Fla.1982). Likewise, the trial court did not err in failing to conduct a competency hearing, and we affirm this point. Rivers v. State, 458 So.2d 762 (Fla.1984). However, we' reverse appellant’s sentence since it was error not to renew the offer of assistance of counsel to him at sentencing. Parker v. State, 539 So.2d 1168 (Fla. 1st DCA 1989); see also Fla.R. Crim.P. 3.111(d)(5).

We affirm the conviction but reverse and remand for resentencing, consistent with this opinion.

HERSEY, C.J., and GUNTHER and POLEN, JJ., concur.

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PER CURIAM.

This is the first of two appeals in which appellant raises three identical points. See case No. 88-2836. We affirm the trial court’s determination to allow appellant to act as his own attorney, as it conducted an appropriate inquiry under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); see also Jones v. State, 449 So.2d 253 (Fla.1984); Smith v. State, 407 So.2d 894 (Fla.1982). Likewise, the trial court did not err in failing to conduct a competency hearing, and we affirm this point. Rivers v. State, 458 So.2d 762 (Fla.1984). However, we' reverse appellant’s sentence since it was error not to renew the offer of assistance of counsel to him at sentencing. Parker v. State, 539 So.2d 1168 (Fla. 1st DCA 1989); see also Fla.R. Crim.P. 3.111(d)(5).

We affirm the conviction but reverse and remand for resentencing, consistent with this opinion.

HERSEY, C.J., and GUNTHER and POLEN, JJ., concur.

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Bluebook (online)

550 So. 2d 544, 1989 Fla. App. LEXIS 5931, 1989 WL 125977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-state-fladistctapp-1989.

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