Legal Opinion

Capitaine v. State

District Court of Appeal of Florida

Decided April 20, 2011No. 4D10-630PublishedCited by 3 opinions

1Opinion of the CourtPolen, J.

Appellant challenges his- sentence on the charge of grand theft auto, arguing that the trial court failed to renew the offer of counsel prior to sentencing. We agree and reverse and remand for resentencing.

Appellant proceeded to trial on three charges. A Faretta1 hearing was held on January 20, 2010, immediately prior to the commencement of trial. Appellant represented himself at trial and solely conducted his defense. Most of the trial took place on January 20; however, the trial ended five days later, on January 25, 2010. The jury convicted appellant on count 3, grand theft auto.…

2Cases cited8 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Monte v. StateDistrict Court of Appeal of Florida · 2011
  3. Hardy v. StateDistrict Court of Appeal of Florida · 1995
  4. Beard v. StateDistrict Court of Appeal of Florida · 1999
  5. Mincey v. StateDistrict Court of Appeal of Florida · 1996

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3Cited by3 opinions

  1. Birlkey v. StateDistrict Court of Appeal of Florida · 2017
  2. Bona v. StateDistrict Court of Appeal of Florida · 2011
  3. Galpern v. Department of Revenue Ex Rel. GalpernDistrict Court of Appeal of Florida · 2011

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