DONALD JERVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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BASKIN, Judge.
Defendant Donald Jervis represented himself in a non-jury trial. He was convicted of unlawful possession of a short-barreled rifle and received a sentence of 90 days in the Dade County Jail as a condition of a three-year term of probation. We reverse.
The record reflects that the trial court failed to conduct an adequate inquiry prior to accepting defendant Jervis’s waiver of counsel. Felton v. State, 438 So. 2d 1049 (Fla.3d DCA 1983). As a result, we are unable to conclude that Jervis’s relinquishment of his right to counsel was knowing and intelligent. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). In addition, the record fails to disclose that his uncounseled waiver of jury trial was knowing and intelligent. Enrique v. State, 408 So. 2d 635 (Fla.3d DCA 1981), review denied, 418 So. 2d 1280 (Fla.1982).
Reversed and remanded.
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Citator
Cited By
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Cliff Ross Dixon v. State, 901 So. 2d 384 (Fla. 3d DCA 2005)…past. The record fails to show that the defendant was not continuously available for trial and Dixon did not violate any order of the court, or any other duty to respond. See Clinton v. State, 451 So. 2d 893 (Fla. 3d DCA 1984); e.g., L.H. v. State, 455 So. 2d 1320 (Fla. 3d DCA 1984); see, e.g., Roberts v. Lando, 652 So. 2d at 1226. Accordingly, based on the facts of this case, the delay in trial is attributable to the State. The defendant did not delay the orderly prosecution of his case and never waived his…
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Reynold Enrique v. State, 408 So. 2d 635 (Fla. 3d DCA 1981)
- Miller v. State, 438 So. 2d 1049 (Fla. 3d DCA 1983)