McGee v. State

835 So. 2d 404, 2003 Fla. App. LEXIS 903, 2003 WL 201333
District Court of Appeal of Florida·Decided January 31, 2003·No. No. 2D01-1696·Published·Cited by 1 cases

Opinion

KELLY, Judge.

Richard McGee appeals from his judgment and sentence for aggravated battery. He argues, and the State concedes, that the trial court erred in failing to conduct a proper Faretta1 inquiry before denying McGee’s request to represent himself. We agree that the trial court erroneously focused its inquiry on whether McGee possessed the skill to represent himself rather than on whether his decision to waive counsel was knowing and intelligent. See Hill v. State, 688 So.2d 901 (Fla.1996). Accordingly, we reverse and remand for a new trial.

CASANUEYA and SALCINES, JJ., Concur.

Footnotes

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McGee v. State, 835 So. 2d 404, 2003 Fla. App. LEXIS 903, 2003 WL 201333 (Fla. Ct. App. 2003).

835 So. 2d 404 (McGee v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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