KANDACE M. WILLIAMS v. STATE OF FLORIDA
228 So. 3d 699
| Fla. Dist. Ct. App. | 2017Background
- Appellant Kandace Williams, pro se with standby counsel, pleaded no contest to burglary of a structure and signed a plea form as a pro se defendant with standby counsel’s signature.
- During the plea colloquy Williams confirmed the plea was voluntary and that he had discussed it with standby counsel.
- After the plea, the trial court asked whether there was any legal reason it could not pronounce sentence; neither Williams nor the State identified any.
- The trial court proceeded immediately to sentencing without renewing the offer of counsel for sentencing.
- Williams relied on standby counsel at the plea stage; the record does not show he intended to proceed without counsel at sentencing.
- The Fourth District reversed and remanded for resentencing because the court failed to renew the offer of counsel before sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by failing to renew the offer of counsel before sentencing | Williams argued the court must renew the offer of assistance of counsel at sentencing after waiver accepted earlier | State did not assert a legal reason preventing immediate sentencing without renewal | Court held the failure to renew was error requiring reversal and remand for resentencing |
Key Cases Cited
- Birlkey v. State, 220 So. 3d 431 (Fla. 4th DCA 2017) (renewal of counsel offer required at subsequent stages; sentencing is a critical stage)
- Neal v. State, 142 So. 3d 883 (Fla. 1st DCA 2014) (sentencing is a critical stage requiring renewal of counsel offer)
- Hardy v. State, 655 So. 2d 1245 (Fla. 5th DCA 1995) (failure to request counsel before sentencing is not a knowing waiver)
- Traylor v. State, 596 So. 2d 957 (Fla. 1992) (waiver of counsel must be knowing, intelligent, and voluntary)
- Kepner v. State, 911 So. 2d 1256 (Fla. 4th DCA 2005) (failure to renew offer before sentencing requires reversal)
- Bowman v. State, 550 So. 2d 544 (Fla. 4th DCA 1989) (same)
- C.D.C. v. State, 211 So. 3d 357 (Fla. 4th DCA 2017) (error in counsel renewal can contribute to sentence; reversible)