COOK
v.
STATE OF FLORIDA
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Thomas Clyde Cook appeals his conviction and sentence on 40 counts of possessing, controlling, or intentionally viewing child pornography. The appellate court affirms the conviction and sentence, rejecting arguments that the trial court failed to properly advise Cook of his sentencing exposure during a Faretta inquiry and improperly enhanced his sentence in violation of Apprendi.
The court held that the trial court did not err in its advice regarding sentencing exposure during the Faretta inquiry, and that defense counsel failed to establish Apprendi error in Cook's sentence. The court affirmed both the conviction and sentence.
[1] A trial court does not err when advising a defendant of his sentencing exposure during a Faretta inquiry regarding self-representation.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“arguing that the trial court incorrectly advised him of his sentencing exposure during its Faretta inquiry and improperly enhanced his sentence based on a fact that had not been found by the jury beyond a reasonable doubt, in violation of Apprendi v. New Jersey”
States Cook's main arguments on appeal regarding sentencing exposure advice and Apprendi violations
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Join FLexlaw to unlock all legal intelligenceCook was convicted of forty counts of possessing, controlling, or intentionally viewing child pornography. The trial court conducted a Faretta inquiry…
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ROTHSTEIN-YOUAKIM, Judge.
Thomas Clyde Cook appeals from his judgment and sentence on forty counts of possessing, controlling, or intentionally viewing child pornography, arguing that the trial court incorrectly advised him of his sentencing exposure during its Faretta1 inquiry and improperly enhanced his sentence based on a fact that had not been found by the jury beyond a reasonable doubt, in violation of Apprendi v. New Jersey, 530 U.S. 466 1 Faretta v. California, 422 U.S. 806 (1975).
(2000). We conclude that the court did not err in its advice and that defense counsel has failed to establish Apprendi error in Cook's sentence.
Accordingly, we affirm.
Affirmed. KELLY and LABRIT, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)