147 So. 3d 1040
Fla. Dist. Ct. App.2014Background
- Howard was convicted of carjacking and sentenced to 43 years in prison after representing himself at trial.
- Howard repeatedly requested self-representation, and the trial court conducted multiple Faretta inquiries before trial and during pre-sentencing proceedings.
- During Phase I sentencing, Howard’s motion for a new trial was considered and denied without a renewed Faretta inquiry.
- The trial court later conducted a Faretta inquiry just prior to imposing sentence, but the court had not renewed the offer of counsel at the critical sentencing stage earlier.
- The court ultimately adjudicated Howard a habitual felony offender and PRR-eligible, sentencing him to 43 years with a 30-year PRR minimum.
- The majority reverses and remands for new sentencing and new hearing on the motion for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reversible error for not renewing counsel at a critical stage? | Howard | Trial court | Yes; failure to renew” Faretta inquiry at a critical stage reversible |
| Did the Phase I sentencing hearings constitute a critical stage require Faretta inquiry? | Howard | State | Yes; Phase I was critical and required inquiry |
| Could standby counsel and prior inquiries cure the need for a renewed Faretta inquiry? | Howard | State | No; still requires a timely Faretta inquiry or on-record voluntary waiver |
| Should Neal v. State control the result here? | Howard | State | No; Neal is distinguishable, but the rule requiring renewal applies |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (trial court must inquire into knowing voluntary waiver of counsel)
- Neal v. State, 142 So.3d 883 (Fla. 1st DCA 2014) (limits of requiring renewed counsel at certain trial stages; standby counsel presence matters)
- Knight v. State, 770 So.2d 663 (Fla.2000) (pretrial waiver of counsel in guilt phase; standby counsel relevance)
- Cuyler v. State, 131 So.3d 827 (Fla. 1st DCA 2014) (Faretta-inquiry and renewal at critical stages)
- Traylor v. State, 596 So.2d 957 (Fla.1992) (critical stage includes sentencing impacts)
- Harper v. State, 201 So.2d 65 (Fla.1967) (importance of Faretta inquiry at critical stages)
- Miller v. State, 8 So.3d 451 (Fla.1st DCA 2009) (new-trial hearing as a critical stage)
- Flowers v. State, 976 So.2d 665 (Fla.1st DCA 2008) (record must show defendant’s waiver considerations)