MOSES TOUSSAINT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed armed robbery conviction because trial court failed to conduct adequate Faretta inquiry into defendant's waiver of right to counsel before allowing self-representation.
A trial court must conduct an adequate on-the-record Faretta inquiry into a defendant's mental condition, age, education, history, and ability before permitting self-representation, and failure to do so requires reversal.
[1] A trial court must conduct an on-the-record inquiry into a defendant's age, mental status, education, experience, understanding of the dangers and disadvantages of self-r…
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Join FLexlaw to unlock all legal intelligence“the trial court is required to make an inquiry on the record which should include evidence of the defendant's age, mental status, education, and experience; the dangers and disadvantages of self-representation, including the nature and complexity of the case, the seriousness of the charges, the potential sentence and any enhancement; and any other factor particularly relevant to the case presented.”
Describing the requirements for a valid Faretta inquiry under Florida law.
Moses Toussaint was convicted of armed robbery after the trial court allowed him to represent himself at trial.…
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PER CURIAM.
Moses Toussaint challenges his conviction for armed robbery, arguing that the trial court erred in allowing appellant to represent himself at trial without conducting an adequate Faretta1 inquiry into his waiver of counsel. Under Faretta and its progeny, the trial court is required to make an inquiry on the record which should include evidence of the defendant’s age, mental status, education, and experience; the dangers and disadvantages of self-representation, including the nature and complexity of the case, the seriousness of the charges, the potential sentence and any enhancement; and any other factor particularly relevant to the case presented. Burton v. State, 596 So. 2d 1184, 1186 (Fla. 1st DCA 1992); Rule 8.111(d), Fla.R.Crim.P.; see also, Jones v. State, 658 So. 2d 122, 128 (Fla. 2d DCA 1995) (J. Alten-bernd, concurring).
Because the trial court here failed to adequately inquire on the record concerning Toussaint’s mental condition, age, education, past history, or ability prior to letting him represent himself at trial, in accordance with Burton we are constrained to reverse and remand for a new trial.
MINER, WOLF and VAN NORTWTCK, JJ., concur. . Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 971 So. 2d 270 (Fla. 1st DCA 2008)…n, mental condition, physical condition, past experience with criminal proceedings, or other factors bearing upon his capacity to waive his constitutional right to counsel. See Wilson v. State, 724 So. 2d 144 (Fla. 1st DCA 1998); Toussaint v. State, 677 So. 2d 853 (Fla. 1st DCA 1995); Dowdell v. State, 665 So. 2d 279 (Fla. 1st DCA 1995); Hadden v. State, 633 So. 2d 486 (Fla. 1st DCA 1994). The appellant’s convictions are accordingly reversed, and this case is remanded. ALLEN, KAHN, and DAVIS, JJ., concur.…
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Fussell v. State, 658 So. 2d 122 (Fla. 2d DCA 1995)
- Burton v. State, 596 So. 2d 1184 (Fla. 1st DCA 1992)