Legal Opinion

Descault v. State

District Court of Appeal of Florida

Decided October 27, 2009No. 1D08-4580PublishedCited by 2 opinions

1Per curiam

We affirm appellant’s conviction. However, as conceded by the State, the trial court did err in failing to conduct a Faret-ta inquiry at appellant’s sentencing hearing. “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.” Travis v. State, 969 So.2d 532, 533 (Fla. 1st DCA 2007); see also Parker v. State, 539 So.2d 1168, 1169 (Fla. 1st DCA 1989); Kepner v. State, 911 So.2d 1256, 1258 (Fla. 4th DCA 2005); Beard v. State, 751 So.2d 61, 62 (Fla. 2d DCA 1999);…

2Cases cited5 opinions

  1. Hardy v. StateDistrict Court of Appeal of Florida · 1995
  2. Beard v. StateDistrict Court of Appeal of Florida · 1999
  3. Parker v. StateDistrict Court of Appeal of Florida · 1989
  4. Travis v. StateDistrict Court of Appeal of Florida · 2007
  5. Kepner v. StateDistrict Court of Appeal of Florida · 2005

3Cited by2 opinions

  1. Ingraham v. StateDistrict Court of Appeal of Florida · 2010
  2. Burke v. StateDistrict Court of Appeal of Florida · 2010

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