Public-domain · open source
OpenJurist

990 So. 2d 565

Docket No. 3D06-2185.

Robinson v. State

Donta ROBINSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 9, 2008.

Rehearing Denied September 3, 2008.

District Court of Appeal of Florida · decided 2008-07-09

Relies on Faretta v. California · 982 So. 2d 1272 - Rodriguez v. State

Decided 2008-07-09

¶1Bennett H. Brummer, Public Defender, and Thomas Regnier, Assistant Public Defender, for appellant.

¶2Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee.

¶3Before SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge.

¶4SCHWARTZ, Senior Judge.

¶5As in Rodriguez v. State, 982 So.2d 1272 (Fla. 3d DCA 2008), the failure of the trial judge to conduct a Faretta[1] 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.

¶6Reversed and remanded.

NOTES

¶7[1] Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).

¶8[2] 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.").

/990/so2d/565 · .json · Public domain