¶1Consistent with the state’s concession of error, we conclude that the denial of the right to self representation based on a finding that the defendant is incapable of representing herself requires reversal. Kearse v. State, 858 So.2d 348, 349 (Fla. 1st DCA 2003). Accordingly, the judgment and sentence is reversed and this cause is remanded for further proceedings consistent with this opinion.
125 So. 3d 362
Matucha v. State
District Court of Appeal of Florida
Decided November 12, 2013
District Court of Appeal of Florida · decided 2013-11-12
Relies on Kearse v. State
Decided 2013-11-12