CHRISTOPHER RAY BERRYHILL vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHRISTOPHER RAY BERRYHILL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D14-3072 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed November 24, 2015. An appeal from the Circuit Court for Duval County. J. Bradford Stetson, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Matthew Pavese, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant Christopher Ray Berryhill appeals his judgment of conviction for carjacking. 1 Appellant was permitted to represent himself after a Faretta 1 inquiry Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). was conducted, and stand-by counsel was appointed. However, the trial court erroneously held that the suppression hearing was not a crucial stage of the proceedings below and did not adequately renew the offer of assistance of counsel; therefore, we are compelled to reverse. See Kearse v. State, 858 So. 2d 348 (Fla. 1st DCA 2003); Fla. R. Crim. P. 3.111(d)(5). Accordingly, appellant’s judgment of conviction is REVERSED, his sentence is VACATED, and the cause is REMANDED. WOLF, BILBREY, and WINOKUR, JJ., CONCUR. 2

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