Bandera-Valier v. State
The Sixth DCA affirmed a probation revocation but reversed for resentencing because the trial court, while properly conducting an initial Faretta inquiry, failed to renew the offer of counsel prior to sentencing as required by Rule 3.111(d)(5). The court held this failure constitutes fundamental error not subject to harmless error review, and expressly certified conflict with the Fifth DCA's Harris v. State, which had applied harmless error analysis to the identical rule violation.
Key facts
- Defendant was charged with violating probation; trial court conducted a Faretta inquiry regarding self-representation waiving counsel, then held an evidentiary hearing on the violation weeks later without repeating the inquiry.
- At sentencing following the probation violation finding, the trial court failed to renew its offer of counsel to the defendant as required by Rule 3.111(d)(5).
- +2 more key facts with a free trial
Why it matters
This opinion is significant for practitioners handling probation violation hearings and Faretta issues because it creates an express, certified conflict between the Fifth and Sixth Districts on whether failure to renew… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.