Matucha v. State

District Court of Appeal of Florida

Matucha v. State

125 So. 3d 362, 2013 WL 5988707, 2013 Fla. App. LEXIS 17918

District Court of Appeal of Florida·Decided November 12, 2013·No. No. 1D13-3185·Published

Opinion

PER CURIAM.

Consistent 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.

WETHERELL, SWANSON, and OSTERHAUS, JJ., concur.

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PER CURIAM.

Consistent 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.

WETHERELL, SWANSON, and OSTERHAUS, JJ., concur.

Matucha v. State, 125 So. 3d 362, 2013 WL 5988707, 2013 Fla. App. LEXIS 17918 (Fla. Ct. App. 2013).

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Opinion

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