ROBERT BERNARD, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Davis v. State, 10 So. 3d 176 (Fla. 5th DCA 2009)
  …ere record established that defendant had bachelor’s degree in business law, had previously represented himself successfully in a criminal trial, and had several felony convictions). The lack of a Faretta inquiry was also excused in Butler v. State, 767 So. 2d 534, 539 (Fla. 4th DCA 2000), for a defendant who was a criminal defense attorney with 25 years’ experience. Butler had handled hundreds of criminal appeals, including the successful litigation of a Faretta claim on appeal. He sought the position as the…
• Guilder v. State, 899 So. 2d 412 (Fla. 4th DCA 2005)
  …waiver hearing expressly addressing the disadvantages of a pro se defense is much to be preferred, it is not absolutely necessary. The ultimate test is not the trial court’s express advice, but rather the defendant’s understanding.” Butler v. State, 767 So. 2d 534, 539 (Fla. 4th DCA 2000) (citation omitted). Therefore, this prong of Faretta was satisfied when Guilder acknowledged to the trial court on two separate occasions that he who represents himself, has a fool for a client. Guilder’s choice not to have…
• Smith v. State, 956 So. 2d 1288 (Fla. 4th DCA 2007)
  …3 (Fla. 4th DCA 2006). Under Faretta, “[t]he test is not whether the defendant is competent to represent himself adequately, but whether he is competent to make the decision to represent himself.” Wilson, 724 So. 2d at 145; see also Butter v. State, 767 So. 2d 534, 539 (Fla. 4th DCA 2000). Ideally, a trial court should conduct a formal Faretta inquiry and, consistent with Florida Rule of Criminal Procedure 3.111(d)(2), make “a thorough inquiry ... into both the accused’s comprehension of th[e] offer [of assis…

Authorities Cited

• King v. State, 681 So. 2d 1136 (Fla. 1996)