Legal Opinion

Berryhill v. State

District Court of Appeal of Florida

Decided November 24, 2015No. 1D14-3072Published

1Per 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 *1291VACAT…

2Cases cited2 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Kearse v. StateDistrict Court of Appeal of Florida · 2003

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