IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
SCOTT PHILLIP HENRETTY, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D14-590
STATE OF FLORIDA,
Appellee.
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Opinion filed January 29, 2015.
An appeal from the Circuit Court for Escambia County.
Terry D. Terrell, Judge.
Jeffrey E. Lewis, General Counsel, and Melissa Joy Ford, Assistant Conflict
Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One,
Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
Scott Phillip Henretty appeals his conviction and sentence, arguing that
fundamental error occurred when the trial court failed to renew the offer of counsel
prior to Henretty entering his plea and failed to renew the offer prior to the
imposition of sentence. Pursuant to Florida Rule of Criminal Procedure 3.111(d)(5),
if a waiver of counsel is accepted at any stage of the proceedings, the trial court shall
renew the offer of counsel at each subsequent stage of the proceedings. Both plea
hearings and sentencing are considered critical stages that require the renewal of the
offer of counsel. Beard v. State, 751 So. 2d 61, 62 (Fla. 2d DCA 1999). This failure
constitutes fundamental error under the facts of this case. Monte v. State, 51 So. 3d
1196, 1201 (Fla. 4th DCA 2011); Smith v. State, 41 So. 3d 1081, 1088 (Fla. 2d DCA
2010). We therefore vacate Henretty’s plea and sentence and remand for further
proceedings consistent with this opinion.
REVERSED and REMANDED.
THOMAS, ROWE, and OSTERHAUS, JJ., CONCUR.
2
Scott Phillip Henretty v. State of Florida
Combined Opinion