FRED ANTONIO CLEVELAND, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2012-05-08
No. 1D11-3483
DAVIS, THOMAS, and RAY, JJ., concur.
87 So. 3d 813 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 2 cases

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Synopsis

Fred Cleveland appeals his convictions for felony battery and giving false identification to law enforcement, challenging the trial court's denial of his motion to represent himself. The appellate court reversed, finding the trial court failed to conduct an adequate Faretta inquiry before denying self-representation.


Holding

The trial court's denial of the self-representation motion was reversible error because it failed to conduct an adequate Faretta inquiry. The court must inform a defendant of the dangers and disadvantages of self-representation and make sufficient inquiry to determine whether the waiver is knowing and intelligent, focusing on the defendant's competence to make the decision to represent himself, not whether he can represent himself adequately.


Headnotes

[1] A trial court must conduct an adequate Faretta inquiry before allowing a defendant to represent himself, informing the defendant of the dangers and disadvantages of self-…

[2] The test for self-representation is whether the defendant is competent to make the decision to represent himself, not whether he is competent to represent himself adequat…

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Key Quotes

“the court must inform the defendant of 'the dangers and disadvantages of self-representation' and must also make an inquiry sufficient to determine whether the waiver of counsel is being made knowingly and intelligently”

Establishes the constitutional requirement for a Faretta inquiry when a defendant seeks to represent himself

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Facts & Procedural History

Appellant Fred Cleveland, Jr. was convicted of felony battery and giving a false name or identification to a law enforcement officer. He moved to disc…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant challenges his convictions and sentences for felony battery and giving a false name or identification to a law enforcement officer, arguing, among other things, that the trial court denied his motion to represent himself without conducting an adequate Faretta inquiry. The State properly concedes error on this point. For this reason, we reverse. We decline to address the remaining issues, two of which are moot and two of which do not establish reversible error.

When a criminal defendant moves to discharge court-appointed counsel and represent himself, the court must inform the defendant of “the dangers and disadvantages of self-representation” and must also make an inquiry sufficient to determine whether the waiver of counsel is being made knowingly and intelligently. Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Brown v. State, 971 So.2d 270, 271 (Fla. 1st DCA 2008). The test governing a defendant’s *815motion for self-representation “is not whether the defendant is competent to represent himself adequately, but whether he is competent to make the decision to represent himself.” Brown, 971 So.2d at 271 (emphasis added). Although there is no exact formula required for a Faretta inquiry, the inquiry must be sufficient to determine whether the defendant is competent, able to understand the rights he is relinquishing, and making a free and informed decision. Neal v. State, 60 So.3d 1132, 1135 (Fla. 4th DCA 2011); see Fla. R.Crim. P. 3.111(d)(3). The failure to conduct an adequate Faretta inquiry is per se reversible error. Flowers v. State, 976 So.2d 665, 666 (Fla. 1st DCA 2008). Here, the trial court cursorily questioned Appellant’s competence to represent himself, and neglected to inquire into his competence to make the decision to do so. Consequently, we must reverse and remand for a new trial.

DAVIS, THOMAS, and RAY, JJ., concur.


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