EARL L. WATTS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case addresses the requirements for a defendant to represent themselves in a criminal trial. The court reversed the conviction because the trial court failed to conduct a thorough inquiry to ensure the defendant understood the seriousness of the charges and their ability to represent themselves.
Yes, the trial court erred. The record failed to demonstrate that an adequate inquiry was made to permit the defendant to represent himself.
[1] A trial court must conduct a thorough on-the-record inquiry to ensure a defendant understands the charges, potential penalties, and defenses before permitting self-repres…
[2] A defendant's assertion of a desire to waive counsel does not relieve the judge of the responsibility to conduct a comprehensive examination of the circumstances.
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Join FLexlaw to unlock all legal intelligence“To discharge this duty properly in light of the strong presumption against waiver of the constitutional right to counsel, a judge must investigate as long and as thoroughly as the circumstances of the case before him demand.”
Establishes the high standard required for waiving the right to counsel.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe defendant, Earl L. Watts, was permitted to represent himself in a criminal proceeding. The record did not show that the trial court conducted a su…
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PER CURIAM.
Before a defendant in a criminal proceeding will be permitted to act as his own counsel, the trial court shall make an inquiry on the record to demonstrate that the defendant fully understands and appreciates the seriousness of the charges and is capable of representing himself. The test as laid down by the U.S. Supreme Court reads as follows:
“To discharge this duty properly in light of the strong presumption against waiver of the constitutional right to counsel, a judge must investigate as long and as thoroughly as the circumstances of the case before him demand. The fact that an accused may tell him that he is informed of his right to counsel and desires to waive this right does not automatically end the judge’s responsibility. To be valid such waiver must be made with an apprehension of the nature of the charges, the statutory offenses included within them, the range of allowable punishments thereunder, possible defenses to the charges and circumstances in mitigation thereof, and all other facts essential to a broad understanding of the whole matter. A judge can make certain that an accused’s professed waiver of counsel is understanding^ and wisely made only from a penetrating and comprehensive examination of all the circumstances under which such a plea is tendered.” Von Moltke v. Gillies, 332 U.S. 708, 68 S.Ct. 316, 92 L.Ed. 309 (1948).
This test has been approved by the Florida courts and is included in a rule of criminal procedure. Drago v. State, 415 So. 2d 874 (Fla. 2d DCA 1982); Mitchell v. State, 407 So. 2d 1005 (Fla. 5th DCA 1981); Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979); McClain v. State, 353 So. 2d 1215 (Fla. 3d DCA 1977); Fasenmyer v. State, 233 So. 2d 642 (Fla. 2d DCA 1970); Rule 3.111(d) Fla.R.Crim.P. The record in the instant case fails to demonstrate that an adequate inquiry was made by the trial court so as to permit the defendant to represent himself.
Therefore, the verdict, adjudication of conviction, and sentence be and they are hereby reversed and set aside and the matter is returned to the trial court for purposes of a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Schafer v. State, 459 So. 2d 1138 (Fla. 5th DCA 1984)…l court must make an inquiry on the record to demonstrate that the defendant fully understands and appreciates the seriousness of the charges and is capable of representing himself. Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984); Watts v. State, 434 So. 2d 23 (Fla. 3d DCA 1983); Mansfield v. State, 430 So. 2d 586 (Fla. 4th DCA 1983); Williams v. State, 427 So. 2d 768 (Fla. 2d DCA 1983); Mitchell v. State, 407 So. 2d 1005 (Fla. 5th DCA 1981). Here the defendant clearly asserted his demand to proceed to t…
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Felton v. State, 438 So. 2d 1049 (Fla. 3d DCA 1983)…ough not necessary to this decision we have serious doubt that the waiver in the first instance was knowingly made when the trial court failed to apprise the defendant of the potential sentences if he was convicted.1 See and Compare: Watts v. State, 434 So. 2d 23 (Fla. 3d DCA 1983); Green v. State, 406 So. 2d 1148 (Fla. 1st DCA 1981); Polk v. State, 405 So. 2d 758 (Fla.App.1981). Reversed and remanded with directions. . We take judicial notice that most defendants that represent themselves are found guilty…
Authorities Cited
- Von Moltke v. Gillies, 332 U.S. 708 (U.S. 1948)
- Mitchell v. State, 407 So. 2d 1005 (Fla. 5th DCA 1981)
- Gardner v. State, 368 So. 2d 674 (Fla. 1st DCA 1979)
- Robinson v. State, 368 So. 2d 674 (Fla. 1st DCA 1979)
- Drago v. State, 415 So. 2d 874 (Fla. 2d DCA 1982)
- Theodis McCLAIN v. State, 353 So. 2d 1215 (Fla. 3d DCA 1977)
- Fasenmyer v. State, 233 So. 2d 642 (Fla. 2d DCA 1970)