Kenya Jarod Franklin, Appellant, v. State of Florida, Appellee. (2023)

District Court of Appeal of Florida, Fifth District.

Kenya Jarod Franklin, Appellant, v. State of Florida, Appellee.

Case No. 5D22-1996

Decided: December 01, 2023

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam Jr., Assistant Attorney General, Daytona Beach, for Appellee.

ON CONFESSION OF ERROR

Appellant Kenya Jarod Franklin appeals his final judgment and sentence. In his only issue on appeal, Franklin argues that the trial court committed fundamental error when it failed to renew the offer of assistance of counsel before sentencing him. Based upon the State's confession of error and our review of the record, we agree. Franklin's judgment is affirmed, but the sentence is vacated. The case is remanded for a new sentencing hearing with an offer of counsel consistent with Florida Rule of Criminal Procedure 3.111(d)(5). See Hays v. State, 63 So. 3d 887 (Fla. 5th DCA 2011).

Judgment Affirmed, Sentence Vacated, and Remanded for resentencing.

Per Curiam.

Harris, Soud, and Pratt, JJ., concur.

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