Descault v. State

District Court of Appeal of Florida

Descault v. State

20 So. 3d 990, 2009 Fla. App. LEXIS 16002, 34 Fla. L. Weekly Fed. D 2201

CourtDistrict Court of Appeal of Florida

DecidedOctober 27, 2009

Docket1D08-4580

StatusPublished

Cited by2 cases

This text of 20 So. 3d 990 (Descault 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

Descault v. State, 20 So. 3d 990, 2009 Fla. App. LEXIS 16002, 34 Fla. L. Weekly Fed. D 2201 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

We affirm appellant’s conviction. However, as conceded by the State, the trial court did err in failing to conduct a Faret-ta inquiry at appellant’s sentencing hearing. “Sentencing is a crucial stage of a criminal proceeding, so that the offer of assistance of counsel must be renewed then, even if the defendant has previously waived counsel at other stages.” Travis v. State, 969 So.2d 532, 533 (Fla. 1st DCA 2007); see also Parker v. State, 539 So.2d 1168, 1169 (Fla. 1st DCA 1989); Kepner v. State, 911 So.2d 1256, 1258 (Fla. 4th DCA 2005); Beard v. State, 751 So.2d 61, 62 (Fla. 2d DCA 1999); Hardy v. State, 655 So.2d 1245, 1247-48 (Fla. 5th DCA 1995). We affirm appellant’s convictions but *991 strike his sentence and remand for resen-tencing following a proper Faretta inquiry.

HAWKES, C.J., WOLF and WETHERELL, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction. However, as conceded by the State, the trial court did err in failing to conduct a Faret-ta inquiry at appellant’s sentencing hearing. “Sentencing is a crucial stage of a criminal proceeding, so that the offer of assistance of counsel must be renewed then, even if the defendant has previously waived counsel at other stages.” Travis v. State, 969 So.2d 532, 533 (Fla. 1st DCA 2007); see also Parker v. State, 539 So.2d 1168, 1169 (Fla. 1st DCA 1989); Kepner v. State, 911 So.2d 1256, 1258 (Fla. 4th DCA 2005); Beard v. State, 751 So.2d 61, 62 (Fla. 2d DCA 1999); Hardy v. State, 655 So.2d 1245, 1247-48 (Fla. 5th DCA 1995). We affirm appellant’s convictions but *991 strike his sentence and remand for resen-tencing following a proper Faretta inquiry.

HAWKES, C.J., WOLF and WETHERELL, JJ., concur.

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Bluebook (online)

20 So. 3d 990, 2009 Fla. App. LEXIS 16002, 34 Fla. L. Weekly Fed. D 2201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/descault-v-state-fladistctapp-2009.

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