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Smith v. State5/4/2001
o. 2d 778 (Fla. 4th DCA 1999); Sproule v. State, 719 So. 2d 349 (Fla. 4th DCA 1998)); (2) the court did not appoint standby counsel, which could have reminded Smith of the need for and availability of counsel (see Knight v. State, 770 So. 2d 663 (Fla. 2000); McCarthy v. State, 731 So. 2d 778; Mincey v. State, 684 So. 2d 236 (Fla. 1st DCA 1996)); and (3) Smith had not rejected previously appointed counsel, so that a renewed offer of assistance would have been futile (See Langon v. State, No. 98-0215, 1999 WL 543198 (Fla. 4th DCA July 28, 1999)).
Because the error here cannot be said to be harmless, we must reverse and remand for a new trial.
ALTENBERND, A.C.J., and CASANUEVA, J., Concur.
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