5D05-265 Karen Spencer v.State

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State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-265

Case Date: 02/06/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

KAREN SPENCER, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 10, 2006 Appeal from the Circuit Court for Volusia County, William A. Parsons, Judge. Michael H. Lambert, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D05-265

SEMENTO, L. J., Associate Judge. Karen Spencer, ("Spencer"), appeals from multiple judgments and sentences entered by the trial court following a violation of community control hearing in which Spencer represented herself. Spencer argues that the trial court erred in denying her assistance of legal counsel and that the sentences imposed are illegal. This appeal involves nineteen criminal cases consolidated for appeal. Spencer's first case was in February 2003 and involved obtaining property in return for a worthless check, for which Spencer was placed on probation. The State filed an affidavit alleging

that Spencer violated her probation in January 2004. In March 2004, she was charged with subsequent violations for issuing worthless checks. Spencer was sentenced to community control followed by probation. Between March and June 2004, the State charged Spencer by information with multiple counts of issuing a worthless check, one count of obtaining property in return for a worthless check, and one count of committing an organized scheme to defraud. In September 2004, the State filed an affidavit She was arrested on

alleging that Spencer had violated her community control. warrants in October 2004.

Spencer had three prior attorneys throughout these proceedings, each of whom was granted permission to withdraw. Her fourth attorney was allowed to withdraw in November 2004, and she was instructed by that court order to find another attorney within thirty days. Despite being allowed extended access to a telephone while in jail and contacting several attorneys, Spencer did not secure representation. The trial court held a hearing and found that Spencer had violated her community control. Spencer was not represented by counsel at her sentencing hearing. She was adjudicated guilty in each case and sentenced to five years imprisonment with credit for time served. She engaged in plea negotiations with the court and subsequently entered pleas in all of her remaining cases. The trial court imposed a sentence in each of those cases. The cases were consolidated, and this appeal ensued. Spencer first argues that she was denied due process of law during the violation of probation hearing and sentencing because the trial court failed to appoint counsel for her.

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Under Florida law, a court "may not appoint the public defender to represent, even on a temporary basis, any person who is not indigent."

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