Florida District Courts of Appeal, 2011

Bona v. State

Florida District Courts of Appeal · Decided December 14, 2011 · Damoorgian, Gerber, Taylor

75 So. 3d 1286; 2011 Fla. App. LEXIS 19936; 2011 WL 6183488 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Birlkey v. State (Fla. Dist. Ct. App. 2017)

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

GERBER, J.

The defendant appeals his judgment and sentence for violating his probation. We affirm the judgment without discussion. However, we reverse the sentence. Although the sentence was legally permissible, the circuit court erred in failing to renew the offer of counsel before sentencing. See Capitaine v. State, 58 So.3d 438, 439 (Fla. 4th DCA 2011) (“Sentencing is a critical stage of a criminal proceeding, and a trial court must renew the offer of counsel even if the defendant has previously waived counsel.”) (citation omitted). We remand for resentencing after a renewal of the offer of counsel.

Affirmed in part, reversed in part, and remanded for resentencing.

TAYLOR and DAMOORGIAN, JJ., concur.

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