TIMOTHY VISAGE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that it has jurisdiction to review the certified question but ultimately discharges jurisdiction because the parties agree on the established legal principle.
The First District Court of Appeal certified a question of great public importance regarding a defendant's ability to waive counsel while competent to…
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GRIMES, Justice.
We have for review Visage v. State, 664 So. 2d 1101, 1102 (Fla. 1st DCA 1995), wherein the district court of appeal certified the following question to be of great public importance:
MAY A DEFENDANT BE MENTALLY COMPETENT TO STAND TRIAL YET STILL LACK THE ABILITY TO MAKE AN INTELLIGENT AND UNDERSTANDING CHOICE TO PROCEED WITHOUT COUNSEL UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.111(D)(3)?
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
Both parties concede that it is well settled that a defendant may be competent to stand trial yet lack the ability to knowingly and intelligently waive counsel. See, e.g., Johnston v. State, 497 So. 2d 863 (Fla.1986); Muhammad v. State, 494 So. 2d 969 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987); Goode v. State, 365 So. 2d 381 (Fla.1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979). We agree and therefore discharge jurisdiction.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur.
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Simei Moreira da Silva v. State, 966 So. 2d 1013 (Fla. 4th DCA 2007)…hich they distorted what I told them. That is not the [*1016] truth. I am not sick. I’m a friendly person. I’m a normal person.” In denying his request for self-representation, the judge cited the reports of the medical experts. In Visage v. State, 679 So. 2d 735 (Fla.1996), the court said: “Both parties concede that it is well settled that a defendant may be competent to stand trial yet lack the ability to knowingly and intelligently waive counsel. See, e.g., Johnston v. State, 497 So. 2d 863 (Fla.1986); M…
Authorities Cited
- Johnston v. State, 497 So. 2d 863 (Fla. 1986)
- Askari Abdullah Muhammad v. State, 494 So. 2d 969 (Fla. 1986)
- Goode v. State, 365 So. 2d 381 (Fla. 1978)
- Henkel v. United States, 479 U.S. 1101 (U.S. 1987)
- Parker v. Illinois, 479 U.S. 1101 (U.S. 1987)
- Ill. Off. of Educ. v. Jennings, 441 U.S. 967 (U.S. 1979)
- Von Byrd v. Texas, 441 U.S. 967 (U.S. 1979)
- Visage v. State, 664 So. 2d 1101 (Fla. 1st DCA 1995)