Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 2015

Berryhill v. State

Berryhill v. State
Florida District Courts of Appeal · Decided November 24, 2015 · Bilbrey, Winokur, Wolf
177 So. 3d 1290; 2015 Fla. App. LEXIS 17715; 2015 WL 7454164 (Southern Reporter, Third Series)

Berryhill v. State

Opinion of the Court

PER CURIAM.

Appellant Christopher Ray Berryhill appeals his judgment of conviction for carjacking. Appellant was permitted to represent himself after a Faretta1 inquiry was conducted, and stand-by counsel was appointed. However, the trial court erroneously held that the suppression hearing was not a crucial stage of the proceedings below and did not adequately renew the offer of assistance of counsel; therefore, we are compelled to reverse. See Kearse v. State, 858 So.2d 348 (Fla. 1st DCA 2003); Fla. R. Crim. P. 3.111(d)(5).

Accordingly, appellant’s judgment of conviction is REVERSED, his sentence is *1291VACATED, and the cause is REMANDED.

WOLF, BILBREY, and WINOKUR, JJ., concur.

. Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑