WARREN WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in forcing the defendant to proceed to trial without counsel after he sought to discharge his court-appointed attorney without adequate inquiry.
[1] A trial court must inquire into a defendant's reasons for seeking to discharge court-appointed counsel to determine if a valid reason exists.
[2] A defendant does not have an absolute right to discharge competent and conscientious court-appointed counsel or select a specific attorney.
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Join FLexlaw to unlock all legal intelligenceThe defendant, charged with battery on a law enforcement officer, sought to discharge his court-appointed attorney due to a lack of confidence. The tr…
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SCHOONOVER, Judge.
The appellant/defendant, Warren Williams, contends that the trial court erred in forcing him to proceed to trial without counsel because he rejected his court-appointed attorney. We agree and reverse for a new trial. After the defendant was charged with two counts of battery on a law enforcement officer, the public defender’s office was appointed to represent him. On the date of trial, the defendant sought to discharge his attorney. The court informed him that unless he could give some acceptable reason why he wanted to discharge his attorney, the case would not be continued and he would be exercising his constitutional right to represent himself.
In response to an inquiry from the court, the following colloquy took place:
MR. WILLIAMS: I — -I don’t have no confidence in him that he can fight the case for me.
THE COURT: Why do you have no confidence?
MR. WILLIAMS: Well, its a personal thing, and at this time I would not like to speak on the terms.
Without inquiring further of the defendant or the assistant public defender assigned to the case, the court stated that the defendant had not advanced any sufficient reason for continuing the case or justifying the discharge of his attorney. However, the defendant’s motion was granted, and the jury was instructed that the defendant would be representing himself.1 The defendant was subsequently found guilty of both charges.
When a defendant indicates to the trial judge prior to the commencement of the trial that he desires to discharge his court-appointed attorney, the court must make an inquiry of the defendant as to the reasons for his request. Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). This inquiry is necessary to protect the defendant’s right to counsel and must be sufficient to enable the court to determine if there is reasonable cause to believe that a valid reason for discharge exists. If the court finds that a valid reason exists, it should so state on the record and then appoint a substitute attorney and provide him with adequate time to prepare the defense. If no valid reason appears, or the defendant does not state a reason, the trial court again should so state on the record and then advise the defendant that if he discharges his original counsel, the state is not required to appoint a substitute. If after being so advised, the defendant continues to demand dismissal of his court-appointed attorney, the trial judge may in his discretion, subject to the requirements hereinafter discussed, discharge counsel and require the defendant to proceed to trial without representation. Nelson v. State.
In the case sub judice, the defendant did not present a valid reason for the discharge of his attorney. A person entitled to court-appointed counsel does not have a right to select a specific attorney or have the right to discharge competent and conscientious counsel. Wilder v. State, 156 So. 2d 395 (Fla. 1st DCA 1963). Accordingly, the trial court did not err in advising the defendant that if his motion to discharge his attorney was granted, the state would not thereafter be required to appoint a substitute.
However, at this point, the defendant was placed in the position of having to either accept an attorney from the public defender’s office or having no one represent him. By refusing to accept the assistant public defender, the defendant in effect was attempting to exercise his right to represent himself. Mitchell v. State, 407 So. 2d 1005 (Fla. 5th DCA. 1981). In the absence of unusual circumstances, an accused who is mentally competent and sui juris has the right to represent himself. State v. Cappetta, 216 So. 2d 749 (Fla.1968), cert. denied, 394 U.S. 1008, 89 S.Ct. 1610, 22 L.Ed.2d 787 (1969). However, self-representation is not an absolute right and need not be allowed when it would jeopardize a fair trial on the issues. Cappetta v. State, 204 So. 2d 913 (Fla. 4th DCA 1967), rev’d in part, 216 So. 2d 749 (Fla.1968), cert. denied, 394 U.S. 1008, 89 S.Ct. 1610, 22 L.Ed.2d 787 (1969).
Therefore, when a defendant attempts to exercise his right to represent himself either by making an unequivocal demand to do so or, as in this case, by being placed in the position of accepting the assistance of an attorney he does not want or having no attorney, the court has the following obligations:
1. Inform the defendant of the benefits he would relinquish and the dangers and disadvantages of self-representation. Parker v. State, 423 So. 2d 553 (Fla. 1st DCA 1982).
2. If the defendant still insists on dismissing his court-appointed counsel, the court must determine whether the defendant has made his choice voluntarily and intelligently. Parker v. State.
3. If it is established that the defendant has voluntarily and intelligently waived his right to counsel, the court must then determine whether unusual circumstances exist which would preclude the defendant from exercising his right to represent himself. In this regard the court should 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, after the defendant refused to accept the services of the attorney who had been appointed to represent him, the trial court failed to adequately comply with the above-mentioned requirements, and accordingly we reverse and remand for a new trial.
BOARDMAN, A.C.J., and SCHEB, J., concur. . We note that the trial judge appointed the same attorney as standby counsel. Insofar as the defendant refused to accept his services, he was still, in effect exercising the right to represent himself.
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Cited By (31 total)
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Kearse v. State, 605 So. 2d 534 (Fla. 1st DCA 1992)…oceedings, is to make certain that defendant is aware of the disadvantage under which he is placing himself by waiving counsel.” Smith, 444 So. 2d at 545 (quoting Keene v. State, 420 So. 2d 908, 910 (Fla. 1st DCA 1982)). See also Williams v. State, 427 So. 2d 768, 770-71 (Fla. 2d DCA 1983). The state has argued that appellant was equivocal in his request to proceed pro se and that he waived his right to self-representation. The request to proceed pro se must be clear and unequivocal. Faretta; Hardwick, 521…
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Matthews v. State, 584 So. 2d 1105 (Fla. 2d DCA 1991)…ld determine whether the defendant 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. Williams v. State, 427 So. 2d 768 (Fla. 2d DCA 1983); Fla.R.Crim.P. 3.111(d). This determination is particularly important where, as here, the defendant’s actual desire is to obtain different court appointed counsel which is not his constitutional right. Hardwick; Donald v. State, 1…
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Sanderson v. State, 447 So. 2d 374 (Fla. 1st DCA 1984)…re clearly absent in this case. See Swift v. State, 440 So. 2d 655 (Fla. 2nd DCA 1983); Tucker v. State, 440 So. 2d 60 (Fla. 1st DCA 1983); Keene v. State, 420 So. 2d 908 (Fla. 1st DCA 1982), rev. denied 430 So. 2d 452 (Fla.1983); Williams v. State, 427 So. 2d 768 (Fla. 2nd DCA 1983); Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984); Fla.R.Cr.P. 3.111(d). However, we find that Sanderson was not entitled to appointed counsel at the revocation hearing. Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.E…
Previewing 3 of 31 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Wilder v. State, 156 So. 2d 395 (Fla. 1st DCA 1963)
- State v. Cappetta, 216 So. 2d 749 (Fla. 1968)
- Crummie v. State, 204 So. 2d 913 (Fla. 3d DCA 1967)
- Mitchell v. State, 407 So. 2d 1005 (Fla. 5th DCA 1981)
- Cappetta v. Florida, 394 U.S. 1008 (U.S. 1969)
- Tabor v. Virginia, 394 U.S. 1008 (U.S. 1969)
- Gardner v. State, 368 So. 2d 674 (Fla. 1st DCA 1979)
- Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979)
- Billie v. Fla. Parole & Prob. Comm'n, 423 So. 2d 553 (Fla. 1st DCA 1982)