HARRY AUSTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1175] FARMER, J.
We reverse defendant’s convictions for burglary of a dwelling, grand theft, possession of cocaine, possession of drug paraphernalia, and resisting an officer without violence. Defendant was convinced that his public defender was not rendering effective assistance and told the trial judge he wanted to fire her. The trial judge made clear he would not appoint replacement counsel. In the end, defendant was literally forced to defend himself without an inquiry satisfying Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). We are unable to distinguish this case from McGee v. State, 983 So. 2d 1212 (Fla. 5th DCA 2008), where the trial court as here simply warned defendant that if he discharged his attorney he would have to represent himself and nothing in the record established defendant’s competency to waive counsel.
Reversed.
KLEIN and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. State, 2 So. 3d 1036 (Fla. 3d DCA 2009)…inquiries may not have passed legal muster, see Tennis v. State, 997 So. 2d 375 (Fla.2008); Austin v. State, 995 So. 2d 1174 (Fla. 4th DCA 2008), the trial court did not err in requiring Jackson to proceed without counsel. This is because his recalcitrance, antagonism and even personal attacks upon each of a lengthy series of court-appointed attorneys, all of whom were re…
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Busca v. ALL Seasons Condo. Ass'n, Inc., 983 So. 2d 1212 (Fla. 3d DCA 2008)
- McGEE v. State, 983 So. 2d 1212 (Fla. 5th DCA 2008)