FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D22-1996
LT Case No. 2019-CF-002862-A
_____________________________
KENYA JAROD FRANKLIN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Marion County.
Lisa D. Herndon, Judge.
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.
December 1, 2023
ON CONFESSION OF ERROR
PER CURIAM.
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.
HARRIS, SOUD, and PRATT, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
2
