From Casetext: Smarter Legal Research

Berryhill v. State

District Court of Appeal of Florida, First District.
Nov 24, 2015
177 So. 3d 1290 (Fla. Dist. Ct. App. 2015)

Opinion

No. 1D14–3072.

11-24-2015

Christopher Ray BERRYHILL, Appellant, v. STATE of Florida, Appellee.

Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Matthew Pavese, Assistant Attorney General, Tallahassee, for Appellee.


Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Matthew Pavese, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

PER CURIAM.

Appellant Christopher Ray Berryhill appeals his judgment of conviction for carjacking. Appellant was permitted to represent himself after a Faretta 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 VACATED, and the cause is REMANDED.

WOLF, BILBREY, and WINOKUR, JJ., concur.

Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).


Summaries of

Berryhill v. State

District Court of Appeal of Florida, First District.
Nov 24, 2015
177 So. 3d 1290 (Fla. Dist. Ct. App. 2015)
Case details for

Berryhill v. State

Case Details

Full title:Christopher Ray BERRYHILL, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Nov 24, 2015

Citations

177 So. 3d 1290 (Fla. Dist. Ct. App. 2015)