CAPPETTA

v.

FLORIDA

Citator

Cited By (18 total)

• Johnston v. State, 497 So. 2d 863 (Fla. 1986)
  …to withdraw did not, per se, render counsel ineffective. The trial court properly denied appellant’s request for self-representation. A criminal defendant has a right to represent himself. State v. Cappetta, 216 So. 2d 749 (Fla.1968), cert. denied, 394 U.S. 1008, 89 S.Ct. 1610, 22 L.Ed.2d 787 (1969). However, the right to self-representation is not absolute. Florida Rule of Criminal Procedure 3.111(d)(3) contemplates that a criminal defendant will not be allowed to waive assistance of counsel if he is unabl…
• Smith v. State, 407 So. 2d 894 (Fla. 1981)
  …tances an accused who is mentally competent and sui juris has the right to conduct his own defense without counsel by virtue of Section 11, Declaration of Rights, Florida Constitution.” State v. Capetta, 216 So. 2d 749, 750 (Fla.1968), cert. denied, 394 U.S. 1008, 89 S.Ct. 1610, 22 L.Ed.2d 787 (1969). The waiver of one’s right to counsel must, however, be an intelligent and knowing relinquishment of such representation. This Court, when faced with a question regarding the propriety of such a waiver in Goode…
• Kearse v. State, 605 So. 2d 534 (Fla. 1st DCA 1992)
  …person need not be schooled in the law in order to competently elect to represent himself. As long as a person is mentally competent and sui juris, he has the right of self-representation. State v. Cappetta, 216 So. 2d 749 (Fla.1968), cert. denied, 394 U.S. 1008, 89 S.Ct. 1610, 22 L.Ed.2d 787 (1969); Williams, 427 So. 2d at 770. Thus, reversal and remand for new trial is required. Smith (new trial directed because trial court did not make requisite inquiry regarding self-representation); Hayes v. State, 56…