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455 So. 2d 1320

455 So.2d 1320

9 Fla.L.Weekly 1998

Jervis v. State

District Court of Appeal of Florida

Decided September 18, 1984

District Court of Appeal of Florida · decided 1984-09-18

Relies on Faretta v. California · 418 So. 2d 1277 - Chang v. State · 408 So. 2d 635 - Enrique v. State

Decided 1984-09-18

BASKIN, Judge.

¶1Defendant 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.

¶2The 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).

¶3Reversed and remanded.

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