Florida District Courts of Appeal, 2002

Daughtrey v. State

Florida District Courts of Appeal · Decided August 21, 2002 · Blue, Covington, Davis

823 So. 2d 857; 2002 Fla. App. LEXIS 11991; 2002 WL 1905875 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Stephen Brewster v. Secretary, Florida Department of Corrections (11th Cir. 2022)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAVIS, Judge.

Benjamin Daughtrey challenges the circuit court order revoking his probation and sentencing him to forty-eight months’ prison. We affirm the revocation of probation without comment. However, although the trial court properly found that Daughtrey had validly asserted his right to self-representation for the purposes of the violation of probation hearing, the trial court failed to renew the offer of counsel prior to the sentencing hearing. This was error, and accordingly we remand for a new sentencing hearing. See Watson v. State, 718 So.2d 253 (Fla. 2d DCA 1998).

BLUE, C.J., and COVINGTON, J, Concur.

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