Burns v. State

District Court of Appeal of Florida

Burns v. State

573 So. 2d 1047, 1991 Fla. App. LEXIS 817, 1991 WL 11640

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 1991

DocketNo. 89-0380

StatusPublished

Cited by2 cases

This text of 573 So. 2d 1047 (Burns v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. State, 573 So. 2d 1047, 1991 Fla. App. LEXIS 817, 1991 WL 11640 (Fla. Ct. App. 1991).

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Opinions

PER CURIAM.

We reverse appellant’s conviction on all counts in case number 88-2853-CF because the inquiry into whether appellant knowingly and intelligently waived counsel was inadequate. The trial court did not inquire into factors such as appellant’s mental condition, knowledge and experience in criminal proceedings, or capacity to make the decision. Nor was appellant informed of the benefits associated with the right to counsel he was relinquishing or the dangers of self representation. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Johnston v. State, 497 So.2d 863 (Fla.1986); Clark v. State, 442 So.2d 1044 (Fla. 4th DCA 1983); Fla.R. Crim.P. 3.111(d). The factor that standby [1048]*1048counsel may be available does not modify the extent of necessary inquiry.

We find no error in the denial of appellant’s motion to suppress or in the eviden-tiary issues raised. The sentencing error is now moot.

HERSEY, C.J., and WALDEN, JAMES H., (Retired), Associate Judge, concur. STONE, J., concurs specially with opinion.

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PER CURIAM.

We reverse appellant’s conviction on all counts in case number 88-2853-CF because the inquiry into whether appellant knowingly and intelligently waived counsel was inadequate. The trial court did not inquire into factors such as appellant’s mental condition, knowledge and experience in criminal proceedings, or capacity to make the decision. Nor was appellant informed of the benefits associated with the right to counsel he was relinquishing or the dangers of self representation. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Johnston v. State, 497 So.2d 863 (Fla.1986); Clark v. State, 442 So.2d 1044 (Fla. 4th DCA 1983); Fla.R. Crim.P. 3.111(d). The factor that standby [1048]*1048counsel may be available does not modify the extent of necessary inquiry.

We find no error in the denial of appellant’s motion to suppress or in the eviden-tiary issues raised. The sentencing error is now moot.

HERSEY, C.J., and WALDEN, JAMES H., (Retired), Associate Judge, concur. STONE, J., concurs specially with opinion.

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573 So. 2d 1047, 1991 Fla. App. LEXIS 817, 1991 WL 11640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-state-fladistctapp-1991.

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