JOE FUSSELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (28 total)

• Maxwell v. State, 892 So. 2d 1100 (Fla. 2d DCA 2004)
  …ce, and the defendant persists in a desire to discharge counsel, then the court must inform the defendant that he is not entitled to a court-appointed substitute counsel and that he would be exercising his right to represent himself. Jones v. State, 658 So. 2d 122, 125 (Fla. 2d DCA 1995). Before the court permits a defendant to represent himself, it must determine pursuant to Faretta that the defendant knowingly and intelligently waives the right to court-appointed counsel. Id. Depending on the answer to the…
• Jackson v. State, 662 So. 2d 738 (Fla. 2d DCA 1995)
  …ackson raised this issue for the first time at sentencing. If the same attorney who represented Jackson at his trial and original sentencing represents him at his resentencing, we refer the trial judge to Judge Altenbemd's outline in Jones v. State, 658 So. 2d 122, 126-29 (Fla. 2d DCA 1995) (Altenbemd, J., concurring), which suggests a line of questioning when a defendant complains about court-appointed counsel and implies that the attorney should be discharged.…
• Torres v. State, 42 So. 3d 910 (Fla. 2d DCA 2010)
  …ocess to begin. We must emphasize, however, the importance of strict adherence to these requirements and the real potential for reversal should they not be followed, thereby resulting in a needless expenditure of judicial resources. Jones v. State, 658 So. 2d 122, 126 (Fla. 2d DCA 1995). Thus, the trial court erroneously failed to conduct a preliminary Nelson inquiry in this case. Furthermore, this failure is per se error which precludes the application of a harmless error test. Accordingly, we reverse and…

Authorities Cited

• Sirmons v. State, 634 So. 2d 153 (Fla. 1994)