CHARLES DEONTE PATTEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A pro se defendant eligible for a public defender may seek state funding for investigative costs, even after waiving appointed counsel.
[1] A pro se litigant eligible for public defender services may move the court for a determination of indigency for costs and eligibility for state-funded due process service…
[2] A waiver of the right to court-appointed counsel does not necessarily include a waiver of the right to seek payment for investigative services.
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Join FLexlaw to unlock all legal intelligencePetitioner, charged with serious felonies, waived his right to court-appointed counsel and proceeded pro se. He then moved for funds to hire a private…
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Petitioner, Charles Deonte Patten, seeks certiorari review of a trial court order denying his request for investigative costs. Petitioner was charged with attempted second-degree murder of a law enforcement officer with a firearm (Count I); carrying a concealed firearm (Count II); and possession of a firearm by a convicted felon (Counts III and IV). He was initially assigned court-appointed counsel. However, Petitioner subsequently executed a waiver of counsel following a Faretta1 inquiry. Thereafter, Petitioner filed a pro se motion to incur costs for private investigative funds, alleging he was indigent and needed the assistance of a private investigator to prepare his defense. The trial court entered an order denying Petitioner’s motion, concluding that the waiver of Petitioner’s constitutional right to court-appointed counsel “necessarily include[d] a waiver of the expenses court-appointed counsel would have been entitled, such as investigative services and other personnel.” The State properly concedes that the trial court’s order constituted a departure from the essential requirements of law and that the petition should be granted.
The Florida Legislature has expressly authorized a pro se litigant, who is eligible to be represented by a public defender, to seek payment for the provision of due process services:
A person who is eligible to be represented by a public defender under s. 27.51 but ... who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.
§ 27.52(5), Fla. Stat. (2016). Accordingly, a criminal defendant is not required to accept the services of a public defender in order to obtain reasonable costs. See, e.g., Thompson v. State, 525 So.2d 1011 (Fla. 3d DCA 1988); Price v. Mounts, 421 So.2d 690, 691 (Fla. 4th DCA 1982).
Section 27.52(5) sets forth those factors that are to be considered by a trial court in determining whether a defendant is indigent for costs and eligible for the provision of due process services. On remand, the trial court is to apply those factors when reconsidering Petitioner’s motion.
PETITION GRANTED; ORDER QUASHED; CAUSE REMANDED.
LAWSON, C.J. and SAWAYA, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Price v. The Honorable Marvin U. Mounts, Jr., 421 So. 2d 690 (Fla. 4th DCA 1982)
- Thompson v. State, 525 So. 2d 1011 (Fla. 3d DCA 1988)