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.