Harris v. State , 5D11–1897.

Citation79 So.3d 879
Decision Date10 February 2012
Docket NumberNo. 5D11–1897.,5D11–1897.
PartiesLuis M. HARRIS, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

OPINION TEXT STARTS HERE

Appeal from the Circuit Court for Volusia County, Frank Marriott, Judge.James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

Appellant, Luis Harris [Harris], appeals his judgment and sentence after a violation of probation.

On April 28, 2011, the trial court held a hearing on Harris's violation of probation. Prior to the hearing, the trial court offered Harris appointed counsel. Harris refused counsel and decided to represent himself. After a contentious hearing, the trial court found that Harris violated probation and immediately sentenced him. However, prior to sentencing Harris, the trial court did not renew the offer of counsel.

On appeal, Harris correctly asserts that he is entitled to a new sentencing because the offer of counsel was not renewed. Hays v. State, 63 So.3d 887 (Fla. 5th DCA 2011). The State properly concedes error. Accordingly, we vacate the sentence and remand for a resentencing consistent with this opinion.

SENTENCE VACATED and REMANDED.

TORPY and LAWSON, JJ., concur.

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2 cases
  • Wilcox v. State
    • United States
    • Court of Appeal of Florida (US)
    • 10 de fevereiro de 2012
  • Tyler v. State, 5D11–2084.
    • United States
    • Court of Appeal of Florida (US)
    • 15 de junho de 2012
    ...is entitled to a new sentencing hearing because the offer of counsel was not renewed. The State properly concedes error. Harris v. State, 79 So.3d 879 (Fla. 5th DCA 2012); Hays v. State, 63 So.3d 887 (Fla. 5th DCA 2011). Accordingly, we vacate the sentence and remand for a resentencing hear......
2 books & journal articles
  • Preliminary proceedings (bail and bond; attorney for defendant)
    • United States
    • James Publishing Practical Law Books The Florida Criminal Cases Notebook. Volume 1-2 Volume 1
    • 30 de abril de 2021
    ...re-offering counsel. Held: The court must re-offer counsel before sentencing, and the failure to do so gets reversal. Harris v. State, 79 So. 3d 879 (Fla. 5th DCA 2012) When defendant makes an unequivocal request to represent himself, and the court conducts a Nelson inquiry and finds that t......
  • Judgment and sentence
    • United States
    • James Publishing Practical Law Books The Florida Criminal Cases Notebook. Volume 1-2 Volume 1
    • 30 de abril de 2021
    ...re-offering counsel. Held: The court must re-offer counsel before sentencing, and the failure to do so gets reversal. Harris v. State, 79 So. 3d 879 (Fla. 5th DCA 2012) While the court cannot use uncharged conduct as a basis for revoking probation, where the uncharged acts (here, the posses......

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