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Hinrichs v. State

District Court of Appeal of Florida, Third District
Sep 13, 1995
659 So. 2d 1389 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1738.

September 13, 1995.

An Appeal from the Circuit Court of Dade County; Alan L. Postman and Thomas M. Carney, Judges.

Jeffery P. Raffle, Coral Gables, for appellant.

Robert A. Butterworth, Attorney General and Sylvia Perez Posner and Charles M. Fahlbusch, Assistant Attorney Generals, for appellee.

Before NESBITT, GODERICH and GREEN, JJ.


We find that the trial court properly conducted a Faretta hearing and that the defendant was properly advised of the overwhelming disadvantages of self-representation, the seriousness of the charges against him, and the potential sentence that he might face if found guilty. Taylor v. State, 610 So.2d 576, 578 (Fla. 1st DCA 1992). At trial, prior to each of the critical stages of the proceedings, the trial court properly complied with Rule 3.111(d), Florida Rules of Criminal Procedure, and renewed the offer of assistance of counsel to the defendant. However, as the State properly concedes, the trial court failed to renew the offer of assistance of counsel prior to sentencing. Therefore, we affirm the conviction and reverse and remand for resentencing.

Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 2541, 45 L.Ed.2d 562 (1975).

Affirmed, in part, reversed, in part, and remanded for resentencing.


Summaries of

Hinrichs v. State

District Court of Appeal of Florida, Third District
Sep 13, 1995
659 So. 2d 1389 (Fla. Dist. Ct. App. 1995)
Case details for

Hinrichs v. State

Case Details

Full title:PETER HINRICHS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 13, 1995

Citations

659 So. 2d 1389 (Fla. Dist. Ct. App. 1995)