Legal Opinion

Bona v. State

District Court of Appeal of Florida

Decided December 14, 2011No. Nos. 4D10-797, 4D10-798PublishedCited by 1 opinion

1Opinion of the CourtGerber, J.

The defendant appeals his judgment and sentence for violating his probation. We affirm the judgment without discussion. However, we reverse the sentence. Although the sentence was legally permissible, the circuit court erred in failing to renew the offer of counsel before sentencing. See Capitaine v. State, 58 So.3d 438, 439 (Fla. 4th DCA 2011) (“Sentencing is a critical stage of a criminal proceeding, and a trial court must renew the offer of counsel even if the defendant has previously waived counsel.”) (citation omitted). We remand for resentencing after a renewal of the offer of counsel.

Af…

2Cases cited1 opinion

  1. Capitaine v. StateDistrict Court of Appeal of Florida · 2011

3Cited by1 opinion

  1. Birlkey v. StateDistrict Court of Appeal of Florida · 2017

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