STATE OF FLORIDA, APPELLANT,
v.
MELVIN MULLETT, APPELLEE
STATE OF FLORIDA, APPELLANT,
MELVIN MULLETT, APPELLEE
439 So. 2d 924
Florida District Court of Appeal, Second District (1983)
Negative Treatment
Cited by 20 cases
Opinion of the Court
PER CURIAM.
This case cannot be meaningfully distinguished from our recent decision in West v. State, 439 So. 2d 907 (Fla. 2d DCA 1983). Therefore, we affirm upon the authority of West, thereby “pairing” the cases for possible Supreme Court review under the rationale of Jollie v. State, 405 So. 2d 418 (Fla. 1981).
GRIMES, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
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Bowen v. State, 677 So. 2d 863 (Fla. 2d DCA 1996)…(Fla. 2d DCA 1995); Matthews v. State, 584 So. 2d 1105 (Fla. 2d DCA 1991); Smith v. State, 512 So. 2d 291 (Fla. 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,…
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Brevard Cnty. Bd. OF Cnty. Comm'rs v. State, 516 So. 2d 968 (Fla. 5th DCA 1987)…advised of the benefits he will lose and the disadvantages he will suffer should he fail to retain counsel, and that if he knowingly and intelligently rejects his right to retain counsel his trial will proceed notwithstanding. See Morgano v. State, 439 So. 2d 924 (Fla. 2d DCA 1983). On the other hand, if, after applying the correct test, the trial court again finds defendant incompetent to understand the benefits and advantages of counsel and incapable of making an intelligent choice, then that finding of in…
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Hayes v. State, 566 So. 2d 340 (Fla. 2d DCA 1990)…ducation, experience, the nature or complexity of the case, or other factors. The trial court must advise the defendant of the benefits and disadvantages of self-representation. Williams v. State, 427 So. 2d 768 (Fla. 2d DCA 1983); Morgano v. State, 439 So. 2d 924 (Fla. 2d DCA 1983). Even if we could collectively consider the various questions asked at the separate hearings, we would still not find the inquiry was sufficient. The trial court’s inquiry was inadequate because the court did not inquire as to th…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- West v. State, 439 So. 2d 907 (Fla. 2d DCA 1983)