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679 So. 2d 735

679 So.2d 735

21 Fla.L.WeeklySupp. 299

Visage v. State

Supreme Court of Florida

Decided July 3, 1996

Supreme Court of Florida · decided 1996-07-03

Cited by 1 later decisions — most recently October 2007

1 state decisions

Key passage — most relied on by later courts

““Both parties concede that it is well settled that a defendant may be competent to stand trial yet lack the ability to knowingly and intelligently waive counsel. See, e.g., Johnston v. State, 497 So.2d 863 (Fla.1986); Muhammad v. State, 494 So.2d 969 (Fla.1986), cert. denied, 479 U.S. 1101 , 107 S.Ct. 1332 , 94 L.Ed.2d 183 (1987); Goode v. State, 365 So.2d 381 (Fla.1978), cert. denied, 441 U.S. 967 , 99 S.Ct. 2419 , 60 L.Ed.2d 1074 (1979). We agree and therefore discharge jurisdiction.””

quoted by 1 later decision, including Da Silva v. State

Relies on Myers v. United States · Von Byrd v. Texas · Wright v. Illinois

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-03

View the full empirical analysis of this case →

GRIMES, Justice.

¶1We have for review Visage v. State, 664 So.2d 1101, 1102 (Fla. 1st DCA 1995), wherein the district court of appeal certified the following question to be of great public importance:

MAY A DEFENDANT BE MENTALLY COMPETENT TO STAND TRIAL YET STILL LACK THE ABILITY TO MAKE AN INTELLIGENT AND UNDERSTANDING CHOICE TO PROCEED WITHOUT COUNSEL UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.111(D)(3)?

¶2We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

¶3Both parties concede that it is well settled that a defendant may be competent to stand trial yet lack the ability to knowingly and intelligently waive counsel. See, e.g., Johnston v. State, 497 So.2d 863 (Fla.1986); Muhammad v. State, 494 So.2d 969 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987); Goode v. State, 365 *736So.2d 381 (Fla.1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979). We agree and therefore discharge jurisdiction.

¶4It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur.
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