Florida District Courts of Appeal, 2012

Cunningham v. State

Cunningham v. State
Florida District Courts of Appeal · Decided May 23, 2012 · Marstiller, Padovano, Rowe
87 So. 3d 841; 2012 WL 1869975; 2012 Fla. App. LEXIS 8107 (Southern Reporter, Third Series)

Cunningham v. State

Opinion of the Court

PER CURIAM.

Appellant, who represented himself at his violation of probation hearing, argues the trial court violated his right to counsel by failing to renew an offer of counsel before imposing sentence. See Traylor v. State, 596 So.2d 957, 968 (Fla. 1992) (stating that a defendant has the right to assistance of counsel at each crucial stage of the proceedings); Lewis v. State, 31 So.3d 944, 945 (Fla. 1st DCA 2010) (holding that Florida Rule of Criminal Procedure 3.111(d)(5) requires trial court to renew offer of counsel at sentencing phase); 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.”). The State properly concedes error. According*842ly, we VACATE Appellant’s sentence and REMAND for resentencing.

PADOVANO, MARSTILLER, and ROWE, JJ., concur.

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