RICHARD PRICE TUCKER
v.
STATE OF FLORIDA
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When a defendant makes an unequivocal request to proceed pro se, the trial court must conduct a proper Faretta inquiry at every critical stage of the proceeding, including probation revocation hearings.
[1] A trial court must conduct a proper Faretta inquiry when a defendant makes an unequivocal request to represent himself.
[2] A defendant who chooses to proceed pro se must be offered the assistance of counsel at every critical stage of a criminal proceeding.
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Citation to Cuyler v. State establishing the requirement for counsel assistance at critical stages
Appellant Tucker challenged the trial court's order revoking his probation, asserting that the trial court failed to conduct a proper Faretta inquiry …
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October 31, 2018 PER CURIAM.
Appellant challenges the trial court’s order revoking his probation. Appellant argues that the trial court failed to hold a proper Faretta inquiry after appellant made an unequivocal request to represent himself. The State concedes that reversible error occurred. We agree. Williams v. State, 163 So. 3d 740, 741 (Fla. 1st DCA 2015); see also Cuyler v. State, 131 So. 3d 827, 828 (Fla. 1st DCA 2014) (holding a defendant who chooses to proceed pro se must be offered the assistance of counsel at every critical stage of a criminal proceeding, including the sentencing hearing).
Accordingly, we REVERSE appellant’s judgment and sentence and REMAND for a new revocation of probation hearing with instructions for the trial court to conduct a proper Faretta inquiry at every critical stage of the proceeding if appellant chooses to represent himself.
WOLF, LEWIS, and ROWE, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cuyler v. State, 131 So. 3d 827 (Fla. 1st DCA 2014)
- Williams v. State, 163 So. 3d 740 (Fla. 1st DCA 2015)