Appellate Win – VOP Faretta

Ms. Elvington prevailed in Bergeron v. State, 2D15-3028 (September 16, 2016).  In Bergeron the defendant elected to represent herself during a VOP hearing, and although the court initially complied with Faretta, the court failed to renew the offer of assistance prior to sentencing.  Thus, the defendant’s sentence was reversed for a new hearing.

On an important note, here the court immediately imposed a prior suspended sentence seemingly believing that the suspended sentence was required.  Of course absent counsel, no one corrected the mistaken presumption.  Self-representation is simply never recommended.


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