ERNEST ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's inquiry into the defendant's waiver of counsel was inadequate, thus reversing the conviction.
Robinson sought to represent himself, and the public defender was relieved. The trial court conducted a hearing on this request.…
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PER CURIAM.
Robinson seeks review of his conviction for aggravated battery contending he was deprived of his constitutional right to counsel without a voluntary, intelligent, and knowing waiver of this right. We agree and reverse.
Prior to trial, the public defender was appointed to represent Robinson. One week prior to trial, a hearing was held to relieve the public defender from representing Robinson because Robinson had expressed a desire to proceed as his own attorney. Although a defendant has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so, Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), when a defendant, prior to trial, requests permission to represent himself, an inquiry must be conducted by the court to determine whether the defendant is making an intelligent and voluntary decision and is knowingly waiving his right to counsel. Ausby v. State, 358 So. 2d 562 (Fla. 1st DCA 1978). The trial court should also determine whether unusual circumstances exist which would preclude the defendant from representing himself. In this regard, the court should determine whether the accused, by reason of his age, mental derangement, lack of knowledge, or education, or inexperience in criminal proceedings would be deprived of a fair trial if allowed to conduct his own defense. Cappetta v. State, 204 So. 2d 913 (Fla. 4th DCA 1968).
The inquiry, sub judice, was totally inadequate to reflect a knowing and intelligent waiver by Robinson of his constitutional right to counsel. The record fails to establish that Robinson, in seeking self-representation, “[knew] what he [was] doing and that his choice [was] made with [his] eyes open.” Faretta, 422 U.S. at 835, 95 S.Ct. at 2541. Accordingly, Robinson’s conviction is reversed and the cause is remanded for a new trial.
MILLS, Acting C. J., and ERVIN, J., and MASON, ERNEST E., Associate Judge, concur.
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Citator
Cited By (16 total)
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Williams v. State, 427 So. 2d 768 (Fla. 2d DCA 1983)…ould determine whether the accused by reason of his age, mental derangement, lack of knowledge, lack of experience, or inexperience in criminal proceedings would be deprived of a fair trial if permitted to conduct his own defense. Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979). Additionally, the court should consider the complexity of the charge in order to determine if legal representation is necessary in the interest of justice. Cappetta v. State; Fla.R.Crim.P. 3.111(d)(3). In the case sub judice, a…
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Smiley Vincent Keene v. State, 420 So. 2d 908 (Fla. 1st DCA 1982)…education, or inexperience in criminal proceedings, is to make certain that defendant is aware of the disadvantage under which he is placing himself by waiving counsel. Costello v. Carlisle, 413 So. 2d 834 (Fla. 1st DCA 1982). See Robinson v. State, 368 So. 2d 674, 675 (Fla. 1st DCA 1979), Ausby v. State, 358 So. 2d 562 (Fla. 1st DCA 1978). Unlike Cappetta and similar Florida cases where the defendants affirmatively moved to proceed pro se, or argued that the court denied them their right to self-representat…
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Bowen v. State, 677 So. 2d 863 (Fla. 2d DCA 1996)…la. 1st DCA 1987); Daniels v. State, 449 So. 2d 950 (Fla. 2d DCA 1984); Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984); Morgano v. State, 439 So. 2d 924 (Fla. 2d DCA 1983); Williams v. State, 427 So. 2d 768 (Fla. 2d DCA 1983); Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979); Cappetta v. State, 204 So. 2d 913 (Fla. 4th DCA 1967), rev’d on other grounds, 216 So. 2d 749 (Fla.1968), cert. denied, 394 U.S. 1008, 89 S.Ct. 1610, 22 L.Ed.2d 787 (1969). I, accordingly, concur in the result of the majority o…1 / 2
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Crummie v. State, 204 So. 2d 913 (Fla. 3d DCA 1967)
- Ausby v. State, 358 So. 2d 562 (Fla. 1st DCA 1978)