ROBERT LOVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's inquiry into the defendant's waiver of counsel was insufficient to establish a knowing and intelligent waiver.
The defendant was convicted of robbery and proceeded to represent himself after discharging appointed counsel. The trial court did not conduct a thoro…
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Defendant appeals his conviction of robbery and sentence of thirty-five years at hard labor and contends that the lower court erred when it did not sufficiently inquire into whether defendant knowingly and intelligently waived his right to counsel. The record reflects that counsel was appointed for the defendant but the defendant subsequently discharged him and proceeded to conduct his own defense.
We have carefully reviewed the record on appeal and we are of the opinion that under the circumstances of this case the scope of the trial court’s inquiry was not of such a nature as to clearly reflect that defendant knowingly and intelligently waived his right to counsel. King v. State, 157 So. 2d 440 (Fla.App.1963); Donald v. State, *409166 So.2d 453 (Fla.App.1964); Richards v. State, 214 So.2d 31 (Fla.App.1968).1
The judgment is reversed and the cause remanded to the trial court with directions to afford the appellant a new trial.
REED, C. J., MAGER, J., and CARLTON, CHARLES T., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)…ch the trial court should follow for the purpose of protecting an indigent’s Sixth Amendment right to counsel in a criminal prosecution where before the commencement of the trial the Defendant moves to discharge appointed counsel. See Love v. State, 270 So. 2d 408, 4 DCA, opinion filed December 12, 1972. The right of an indigent to appointed counsel includes the right to effective representation by such counsel. Anders v. State, 1967, 386 U.S. 738, 744-745, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493; Chalk v. Beto,…
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Smith v. Morgan, 284 So. 2d 12 (Fla. 2d DCA 1973)…. For the principle that the trial judge has the duty to determine the volun-tariness of waiver of counsel, the appellant cites Mason v. State, Fla.1965, 176 So. 2d 76, Donald v. State, Fla.App.1964, 166 So. 2d 453, and Love v. State, Fla.App.1972, 270 So. 2d 408. This is a correct principle of law but contemplates the usual situation where the first consideration of counsel for the accused was when he appeared before the trial judge and does not mean that counsel for the trial stage cannot be lawfully waive…
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Ruthena Williams v. The Honorable C. P. Rubiera, 539 F.2d 470 (5th Cir. 1976)…ght to counsel at trial is aimed directly at the state proceeding. On a state appeal from conviction, Brown could assert denial of counsel as a ground for reversal. See, e. g., Nelson v. Florida, 274 So. 2d 256 (4th D.C.A.Fla.1973); Love v. Florida, 270 So. 2d 408 (4th D.C.A.Fla.1972); Bowen v. Florida, 236 So. 2d 16 (2d D.C.A. Fla.1970); Furman v. Florida, 162 So. 2d 308 (3d D.C.A.Fla.1964). Finally, Brown argues that the right to counsel issue has been resolved against her position by the Florida Supreme C…
Authorities Cited
- King v. State, 157 So. 2d 440 (Fla. 2d DCA 1963)
- State v. Cappetta, 216 So. 2d 749 (Fla. 1968)
- Donald v. State, 166 So. 2d 453 (Fla. 2d DCA 1964)
- Fischer v. Jefferson Ins. Co., 166 So. 2d 453 (Fla. 3d DCA 1964)
- Zackery Jack Richards v. State, 214 So. 2d 31 (Fla. 2d DCA 1968)