Florida District Courts of Appeal, 2011

Duncan v. State

Duncan v. State
Florida District Courts of Appeal · Decided December 30, 2011 · Hawkes, Roberts, Wolf
76 So. 3d 1119; 2011 Fla. App. LEXIS 20852; 2011 WL 6851230 (Southern Reporter, Third Series)

Duncan v. State

Opinion

PER CURIAM.

We affirm appellant’s conviction. However, we find that the trial court failed to conduct a proper Faretta inquiry at the sentencing hearing. See Travis v. State, 969 So.2d 532, 533 (Fla. 1st DCA 2007) (“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.”). Accordingly, we are compelled to vacate the appellant’s sentence and remand for resen-tencing following a proper Faretta inquiry. See id. (“Because the failure to renew the offer of counsel at the commencement of the sentencing hearing constitutes reversible error, Appellant is entitled to be re-sentenced after a proper Faretta inquiry”).

WOLF, HAWKES, and ROBERTS, JJ., concur.

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