Opinion
No. 4D08-2978.
May 20, 2009.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Lawrence Mirman, Judge; L.T. 1 Case No. 07-803 CFA.
Carey Haughwout, Public Defender, and Barbara J. Wolfe, Assistant Public Defender, West Palm Beach, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.
Based upon the state's concession of error, we reverse appellant's conviction and sentence and remand for a new trial. The trial court conducted a Faretta inquiry and determined that appellant was competent to represent himself. However, at each subsequent critical stage of the proceedings the court failed to renew an offer to appellant to obtain assistance of counsel. See Traylor v. State, 596 So.2d 957, 968 (Fla. 1992); Sproule v. State, 719 So.2d 349 — (Fla. 4th DCA 1998); Fla. R. Crim P. 3.111(d)(5).
Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).
Reversed and remanded for a new trial.
WARNER, HAZOURI and DAMOORGIAN, JJ., concur.