DONTA ROBINSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-07-09
No. 3D06-2185
Before SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge.
990 So. 2d 565 Florida District Court of Appeal, Third District (2008) Caution
Cited by 8 cases
Opinion of the Court
SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

As in Rodriguez v. State, 982 So. 2d 1272 (Fla. 3d DCA 2008), the failure of the trial judge to conduct a Faretta1 hearing prior to denying the defendant’s unequivocal request to represent himself at the probation violation hearing,2 requires reversal of the adverse judgment which followed.

Reversed and remanded.

. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).

. We are unable to draw a distinction between the words uttered by Rodriguez ("Well, I prefer to represent myself.”) and those of Robinson ("I would rather represent myself.”).

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  • Gosciminski v. State, 132 So. 3d 678 (Fla. 2013)
    …n a case involving the same type of driving test evidence, the district court noted that the defense could have explored the perceived weaknesses in such timeline results through voir dire of the witness or on cross-examination. See Pierre v. State, 990 So. 2d 565, 570 (Fla. 3d DCA 2008). In the instant case, the officers were not conducting a scientific experiment and were not testifying as expert witnesses. The officers explained the routes they took, the speed they traveled, and the conditions they encoun…
  • Glover v. State, 226 So. 3d 795 (Fla. 2017)
    …r relied on drug use as a defense theory developed through his own witnesses. Neither occurred. Given the speculative nature of Glover’s argument, the trial court did not abuse its discretion in excluding the evidence at issue. Cf. Pierre v. State, 990 So. 2d 565, 569 (Fla. 3d DCA 2008) (holding trial court did not err in limiting cross-examination of living victim’s “history as a drug dealer” despite defendant’s argument that the limitation left him “unable to develop a key defense—that a third party commit…
  • Carter v. State, 23 So. 3d 1238 (Fla. 4th DCA 2009)
    …was a lighter blue than that of the other inmates in the lineup.” In so holding, the court remarked that witnesses did not indicate that either of the two complained-of differences influenced their identifications. Id. Finally, in Pierre v. State, 990 So. 2d 565, 570 (Fla. 3d DCA 2008), the third district held that a photographic line-up was not unnecessarily suggestive, focusing on the fact that the police officer who administered the line-up “told the victim ... to focus on faces, not hairstyles, because…

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