JAMES BURNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse appellant’s conviction on all counts in case number 88-2853-CF because the inquiry into whether appellant knowingly and intelligently waived counsel was inadequate. The trial court did not inquire into factors such as appellant’s mental condition, knowledge and experience in criminal proceedings, or capacity to make the decision. Nor was appellant informed of the benefits associated with the right to counsel he was relinquishing or the dangers of self representation. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Johnston v. State, 497 So. 2d 863 (Fla.1986); Clark v. State, 442 So. 2d 1044 (Fla. 4th DCA 1983); Fla.R. Crim.P. 3.111(d). The factor that standby counsel may be available does not modify the extent of necessary inquiry.
We find no error in the denial of appellant’s motion to suppress or in the evidentiary issues raised. The sentencing error is now moot.
HERSEY, C.J., and WALDEN, JAMES H., (Retired), Associate Judge, concur. STONE, J., concurs specially with opinion.
STONE, Judge,
concurring.
I concur separately to note that in my judgment, it was also error not to suppress the evidence found in the search of appellant’s room.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. State, 601 So. 2d 1251 (Fla. 2d DCA 1992)…onduct the inquiry mandated by Hayes and the authorities upon which that decision relied. Where there is an insufficient inquiry into the waiver of counsel, the fact that the defendant had standby counsel does not overcome the error. Burns v. State, 573 So. 2d 1047 (Fla. 4th DCA 1991). Because the appellant’s first issue requires that we reverse and remand for a new trial, we need not address the appellant’s three other issues, which concern the trial and the sentence imposed. Reversed and remanded for a new…
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Young v. State, 609 So. 2d 633 (Fla. 4th DCA 1992)…25 (Fla. 4th DCA 1984), we also reversed a trial judge’s decision to compel a defendant to proceed on his own behalf because of the lack of Faretta findings. To the same effect are Jones v. State, 584 So. 2d 120 (Fla. 4th DCA 1991); Burns v. State, 573 So. 2d 1047 (Fla. 4th DCA 1991); Bentley v. State, 415 So. 2d 849 (Fla. 4th DCA 1982). The inquiry rule extends even to denials of the right of self-representation. Kleinfeld v. State, 568 So. 2d 937 (Fla. 4th DCA 1990), rev. denied, 581 So. 2d 167 (Fla.1991),…
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Johnston v. State, 497 So. 2d 863 (Fla. 1986)
- Clark v. State, 442 So. 2d 1044 (Fla. 4th DCA 1983)