Galpern v. Dep't of Revenue Ex Rel. Galpern, 58 So. 3d 438 (Fla. 4th DCA 2011). · Go Syfert
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Galpern v. Dep't of Revenue Ex Rel. Galpern, 58 So. 3d 438 (Fla. 4th DCA 2011). Cases Citing This Book View Copy Cite
“sentencing is a critical stage of a criminal proceeding, and a trial court must renew the offer of counsel even if the defendant has previously waived counsel.”
3 citation events across 1 distinct court.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Bona v. State
Fla. Dist. Ct. App. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
sentencing is a critical stage of a criminal proceeding, and a trial court must renew the offer of counsel even if the defendant has previously waived counsel.
cited Cited as authority (rule) Birlkey v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
In Capitaine v. State, 58 So.3d 438, 439 (Fla. 4th DCA 2011), this court reversed and remanded for resentencing because the trial court did not renew' the offer of counsel before sentencing.
Retrieving the full opinion text from the archive…
Jeffrey H. GALPERN, Appellant,
v.
DEPARTMENT OF REVENUE O/B/O Gina Marie GALPERN, Appellees
4D10-993.
District Court of Appeal of Florida, Fourth District.
Apr 20, 2011.
58 So. 3d 438
Benjamin T. Hodas of Law Office of Benjamin T. Hodas, LLC, West Palm Beach, for appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and William H. Branch, Assistant Attorney General, Tallahassee, for appel-lee Department of Revenue.
Warner, Levine, Conner.
Published
PER CURIAM.

A father appeals an order holding him in contempt for failure to pay child support, claiming that the order is facially deficient in its findings that he has the ability to pay the purge amount set. The court found that he made $400 per week plus commissions but found that he was on food stamps and had not made a mortgage payment in 18 months. Nevertheless, the court set the purge amount at $700 to be paid immediately and $20,000 every sixty days thereafter until the entire $92,000 arrearage is paid. The Department concedes that the order is facially defective. We reverse and remand for the court to make sufficient findings to support its order, or to revise the purge amount. The court, or child support hearing officer, may take additional evidence on the issue.

WARNER, LEVINE and CONNER, JJ., concur.