MICHAEL V. COSTELLO, PETITIONER,
v.
WAYNE M. CARLISLE, RESPONDENT

Fla. 1st DCA | 1982-05-06
No. AF-488
McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.
413 So. 2d 834 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 14 cases

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Holding

The court held that a writ of mandamus is appropriate to compel a trial judge to grant a defendant's motion to discharge counsel and proceed pro se, provided the defendant is aware of the risks and makes the choice voluntarily.


Headnotes

[1] A criminal defendant has a fundamental constitutional right to represent himself, guaranteed by the Sixth Amendment.

[2] A trial court must determine that a defendant's decision to proceed pro se is made voluntarily and intelligently after being informed of the disadvantages of self-represe…

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Facts & Procedural History

Petitioner, an inmate charged with possession of contraband, moved to discharge his court-appointed counsel and proceed pro se. The trial judge denied…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause arose as a petition for writ of mandamus to compel the trial judge to grant petitioner’s motion to discharge court-appointed counsel and to proceed pro se. We issue the writ.

Petitioner, an inmate being held in close custody at Florida State Prison, is the subject of a three-count information charging him with possession of contraband while in prison. He filed a timely motion to discharge court-appointed counsel and to proceed pro se. A hearing was conducted on the motion, at which testimony of prison officials and employees was taken, concerning the effect of petitioner’s close custody status on his ability to depose witnesses, perform the necessary legal research and have a cell where he may prepare his case without interruption.1 The trial judge denied petitioner’s motion on the basis that, providing petitioner with the accommoda tions necessary to adequately prepare his case would involve a great security risk in the prison and would require the trial court to issue orders that would contravene the rules and regulations of the institution. The judge declined to reach the issue whether petitioner is capable and competent to represent himself.

Thereafter, petitioner filed his petition for writ of mandamus in this court. We find that, under the circumstances, a writ of mandamus will lie to compel the trial judge to perform acts which are consistent with an accused’s fundamental constitutional rights. State ex rel Brown et al. v. Dewell, 123 Fla. 785, 167 So. 687, 690 (1936).2

The United States Supreme Court, in Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), found that the Sixth Amendment of the United States Constitution guarantees an accused the right to represent himself. The Florida Supreme Court, in Goode v. State, 365 So. 2d 381, 383 (Fla.1979), noted that Florida has historically recognized the right of a criminal defendant to represent himself. State v. Cappetta, 216 So. 2d 749 (Fla.1968); Deeb v. State, 131 Fla. 362, 179 So. 894 (Fla.1937); Cook v. State, 167 So. 2d 793 (Fla. 1 DCA 1964). As stated in Faretta, supra, at 835, 95 S.Ct. at 2541, the duty of the trial court upon receiving a timely motion to proceed pro se is first, to make the defendant aware of the benefits he must relinquish, and the dangers and disadvantages of self representation. Thereafter, the trial court must make a determination that defendant is making his choice voluntarily and intelligently. While this court has said the trial court should also determine whether unusual circumstances exist which would cause the accused to be deprived of a fair trial if permitted to conduct his own defense, the intent of that inquiry into the accused’s age, mental derangement, lack of knowledge, education, or inexperience in criminal proceedings, is to make certain that defendant is aware of the disadvantage under which he is placing himself. See Robinson v. State, 368 So. 2d 674, 675 (Fla. 1 DCA 1979), Ausby v. State, 358 So. 2d 562 (Fla. 1 DCA 1978).

Among the disadvantages petitioner Costello will experience are his restricted access to law books, his inability to conduct investigations and to interview and depose witnesses as he desires, and the inadequacy of his living quarters. Some of these problems have been addressed by other jurisdictions. See e.g., Wells v. State, 358 So. 2d 1113 (Fla. 4 DCA 1978). See generally, 98 A.L.R.3d 13-92 (1980, supp. 1981).

Accordingly, the trial court is ordered to conduct the hearing on petitioner Costello’s Motion to Proceed Pro Se, said hearing to comply with the dictates of Faretta v. California, supra, and Goode v. State, supra.

McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur. . Petitioner had also filed with the trial court a motion to gain access to the prison’s law library, because under the Department of Corrections’ regulations, prisoners being held in close custody are not permitted into the library; instead, upon request, books and cases are brought to the close custody prisoners in their cells. He also filed a motion to be assigned to a wing of the institution where he would have sufficient solitude to adequately prepare for trial. These motions are not before us and we decline to consider them.

. Petitioner could have raised the issue on appeal and in all probability been provided a new trial. See 98 A.L.R.3d § 4(a) (1980, supp. 1981). However, we agree with the Ninth Circuit’s statement in Bittaker v. Enomoto, 587 F. 2d 400, 403 (9th Cir. 1978), cert. denied 441 U.S. 913, 99 S.Ct. 2013, 60 L.Ed.2d 386 (1978), that the “purpose of the right is to protect the defendant’s personal autonomy. Thus, a denial of the right automatically prejudices the defendant’s freedom interest.” Therefore, we follow the Florida Supreme Court in State ex rel Brown et al. v. Dewell, 123 Fla. 785, 167 So. 687 (1936), holding,

Where denial of the benefit of the constitutional Bill of Rights is clearly alleged and shown, the remedy by writ of error may not be adequate to fully protect the rights of an accused to a speedy and fair trial according to essential requirements of law, and where the demonstrated exigencies of a particular situation shown to exist demand it, an appropriate original writ from the Supreme Court may be issued before, or during the progress of, a criminal trial in order to secure to a defendant prior to conviction the protection of a fundamental right secured to him by the Constitution as a part of his trial.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Smiley Vincent Keene v. State, 420 So. 2d 908 (Fla. 1st DCA 1982)
    …the accused’s age, mental derangement, lack of knowledge, 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…
  • Hughes v. State, 701 So. 2d 378 (Fla. 1st DCA 1997)
    …rt that self-representation would deprive the defendant of a fair trial. See Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984); Keene v. State, 420 So. 2d 908 (Fla. 1st DCA 1982), rev. denied, 430 So. 2d 452 (Fla.1983); Costello v. Carlisle, [*379] 413 So. 2d 834 (Fla. 1st DCA 1982); Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979); Ausby v. State, 358 So. 2d 562 (Fla. 1st DCA 1978), cert. denied, 365 So. 2d 715 (Fla.1978). We noted conflict with the Second District’s opinion in Bowen v. State, 677 So.…
  • Kimble v. State, 429 So. 2d 1369 (Fla. 3d DCA 1983)
    …a; however, it does require that the defendant be made aware of the dangers and disadvantages of self-representation. Smith v. State, 407 So. 2d 894 (Fla.1981), cert. denied, 456 U.S. 984, 102 S.Ct. 2260, 72 L.Ed.2d 864 (1982); Costello v. Carlisle, 413 So. 2d 834 (Fla. 1st DCA 1982). Applying these principles to the facts of the present case, we must reject as a basis for denying the defendant the right to self-representation, the fact that Kimble stated to the trial judge that he was unqualified. The defen…

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