Serrano v. State
Serrano v. State
Opinion of the Court
Anthony Serrano appeals his convictions and sentences for trespass, battery, and criminal mischief. Because the trial court did not renew the offer of counsel at sentencing after Serrano represented himself at trial, we reverse and remand for resen-tencing. We affirm as to the remaining issues.
Prior to trial, Serrano requested to waive his right to counsel and represent himself. In response, the trial judge conducted a Faretta,
Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing. See, e.g., Hays v. State, 63 So.3d 887, 888 (Fla. 5th DCA 2011); see also Fla. R.Crim. P. 3.111(d)(5) (“If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the defendant appears without counsel.”). Because the trial court did not do so here, we must vacate Serrano’s sentence and remand for resentenc-ing.
Judgment affirmed, sentence vacated, and case remanded for resentencing.
. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.