Daontae Terrell Scott v. State of Florida
230 So. 3d 53
| Fla. Dist. Ct. App. | 2017Background
- Scott faced separate criminal cases arising from incidents in 2014 (sister) and 2015 (girlfriend); both set for bench trials the same week.
- At an April 1, 2016 final pretrial, the court conducted a full Faretta inquiry covering both cases, accepted Scott’s waiver of counsel for the trial stage, and appointed his prior attorney as standby counsel.
- Trials began April 7, 2016. The court conducted a second Faretta inquiry at the start of the 2014 trial but discussed only the 2014 charges and penalties. Scott again waived counsel and proceeded with standby counsel.
- After the 2014 trial concluded and was taken under advisement, the court immediately began the 2015 trial without renewing the offer of counsel or conducting another Faretta inquiry specific to the 2015 case. Scott again represented himself with standby counsel.
- Scott was convicted in both cases and appealed, arguing the court erred by failing to renew the offer of counsel at the start of the 2015 trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by not renewing the offer of counsel at the start of the 2015 trial | Scott: Court had to renew offer of counsel at commencement of each trial (a separate crucial stage) per Traylor and rule | State: Pretrial Faretta inquiry at April 1 covered the trial stage for both cases; no intervening crucial stage occurred; renewal not required again | No error: waiver at pretrial covered the trial stage for both cases; failing to renew before 2015 trial was not reversible error |
| Whether Scott was prejudiced by any failure to renew the offer of counsel | Scott: Nonrenewal impaired his right to counsel and fairness of proceeding | State: Standby counsel was present and functions as ongoing reminder of right to counsel, reducing any prejudice | No prejudice shown: presence of standby counsel and prior Faretta inquiry make any error harmless |
Key Cases Cited
- Traylor v. State, 596 So. 2d 957 (Fla. 1992) (trial court must renew offer of counsel at commencement of each crucial stage and inform defendant of right to counsel and consequences of waiver)
- Lamb v. State, 535 So. 2d 698 (Fla. 1st DCA 1988) (trial is a crucial stage requiring renewal of offer of counsel)
- Knight v. State, 770 So. 2d 663 (Fla. 2000) (pretrial renewal suffices for the trial stage if no intervening crucial stage; standby counsel serves as reminder of right to appointed counsel)
- Wilson v. State, 76 So. 3d 1085 (Fla. 2d DCA 2011) (the start of the "trial stage" may be broader than the literal start date; a pretrial renewal can cover the trial stage)
- Segal v. State, 920 So. 2d 1279 (Fla. 4th DCA 2006) (distinguishable: required renewal where Faretta inquiry in related case did not adequately warn of penalties in the subsequent proceeding)