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McGee v. State

835 So. 2d 404, 2003 Fla. App. LEXIS 903, 2003 WL 201333
CourtDistrict Court of Appeal of Florida
DecidedJanuary 31, 2003
DocketNo. 2D01-1696
StatusPublished
Cited by1 cases

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

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.

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Liberatore v. Kaufman
835 So. 2d 404 (District Court of Appeal of Florida, 2003)

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Bluebook (online)
835 So. 2d 404, 2003 Fla. App. LEXIS 903, 2003 WL 201333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-state-fladistctapp-2003.