Morris v. State

667 So. 2d 982, 1996 WL 60617
CourtDistrict Court of Appeal of Florida
DecidedFebruary 14, 1996
Docket94-1956
StatusPublished
Cited by7 cases

This text of 667 So. 2d 982 (Morris 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
Morris v. State, 667 So. 2d 982, 1996 WL 60617 (Fla. Ct. App. 1996).

Opinion

667 So.2d 982 (1996)

Donald MORRIS, Appellant,
v.
STATE of Florida, Appellee.

No. 94-1956.

District Court of Appeal of Florida, Fourth District.

February 14, 1996.

*983 Peter D. Lent, Ft. Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING OR CLARIFICATION

KLEIN, Judge.

We withdraw our previous opinion filed December 20, 1995, 21 Fla.L.Weekly D33 (Fla. 4th DCA Dec. 20, 1995), and substitute the following opinion, in order to add a paragraph before the last three sentences of the opinion.

Appellant, who was convicted of 2 counts of sexual battery on a child less than 12 years old, and 2 counts of indecent assault, persuaded the trial court that he was entitled to represent himself, but now argues that his convictions should be reversed because he did not waive his right to counsel. We conclude that the court made a sufficient inquiry under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and that there was a waiver.

Most of the cases involving this issue are ones in which the defendant is dissatisfied with court-appointed counsel, which requires a Nelson[1] hearing in addition to a Faretta hearing. In the present case, appellant advised the court at his arraignment that he did not want counsel, and accordingly a Nelson hearing was unnecessary. When the court asked whether he could afford a lawyer, appellant responded: "Sir, I plan to stand in my own defense." The court then suggested that appellant should have a lawyer just as he would use a mechanic to repair his car or an electrician to repair his wiring. Appellant responded that he felt "comfortable in defending myself." He continued "[s]imply, I don't feel comfortable with the P.D."

In response to the court's inquiry about his education, appellant who is in his 40's, replied that he had a high school diploma but no college degree. The court asked whether he had taken any law courses or knew the rules of evidence and appellant responded in the negative, but appellant stated that he knew how to select a jury from research in the jail law library. The judge responded that he had read books about football but that did not make him ready for the Super Bowl, and asked appellant if he was ready for his "Super Bowl" to which appellant responded in the affirmative. The court then explained that the charge, sexual battery of a child under the age of 11, is "as serious as it gets," and that punishment was a mandatory life sentence. Appellant responded that he understood. The arraignment concluded with the court advising appellant as follows:

THE COURT: ... If you change your mind and you want the assistance of a highly trained lawyer in this most crucial of life decision, let me know. I'll assist you. I can't force you to have a good judgement. The law doesn't go that far.
You are a citizen, and if you wish to maintain yourself as your own counsel, even though anybody sitting here would say that's the worse judgement and decision you can ever make, that's up to you.
If you change your mind though, I am available to give you the assistance of counsel, but you do have enough education to make a foolish decision. That's your decision.

On another day the court, after first reviewing the transcript of the arraignment, *984 again inquired of appellant, who at that time requested that he be assisted by a non-lawyer whose name was Terry Ingram. The court explained to appellant that he had three choices: to represent himself alone, to have an experienced trial attorney represent him, or to represent himself but with the advice of counsel. Appellant responded that he wanted Ingram, that he demanded a grand jury indictment, and claimed that the court did not have jurisdiction over him. The court again explained appellant's options and when he asked appellant if he understood, appellant responded:

MR. MORRIS: I understand that. I have demanded my right under the constitution to counsel of choice, and my counsel of choice is Mr. Terry Ingram, and you seem to overlook that.

The court explained to appellant that he could not be represented by a non-lawyer, and that the court's offer of representation of counsel or advice of counsel would remain open at all times.

At a subsequent pretrial hearing, the court again inquired as to whether appellant desired counsel, and appellant responded:

MR. MORRIS: Again, I do not want the Court appointed Public Defender. I brought—Pursuant to Arger versus Hammer[2], I do not, nor have in the past, make a knowing and intelligent waiver of my counsel of choice.
THE COURT: Once again, let's make sure the record is clear. You want me to assign—
MR. MORRIS: No, I don't want you to assign anyone.

The court then again explained that appellant could not have a non-lawyer represent him but that he could have a lawyer advise him while appellant conducted his own defense. Appellant responded:

MR. MORRIS: Well, you know as well as I do the minute I get into a contract with a licensed attorney, and this is pursuant to seven corpus juris ac etiam (sic), section two, the contract between a client and his attorney creates a relationship that makes the client a ward of the Court and the attorney his guardian in the eyes of the Court.
Therefore, if I wanted to, if I wanted to accept an attorney, the issue ensuing contract would create a status change in so much as I would be compelled to waive numerous guaranteed constitutional rights. One very important right is my acceptance of a licensed attorney which would give automatic jurisdiction over me, and I will not accept that.

At the beginning of appellant's trial, the court again urged appellant to be represented or assisted by counsel, explaining to him that he needed someone with experience in picking a jury, making objections during trial, making opening statement and final argument, and examining witnesses:

All right. You understand that since you are representing yourself, there are certain pitfalls.
For example, when we bring the panel in. Now, you are not experienced at selecting a jury. You don't really know what kind of questions are, what I would call illuminating questions, which would help you perceive who is a good juror, who wouldn't be a good juror, who would be fair-minded, who wouldn't be fair-minded.
Who means what they say as far as following the law. Asking the right legal questions to make sure that they follow the law.
You are not versed in that, and that's one of the pitfalls that you face by representing yourself, and jury selection is critical to a trial.... You don't really know the rules of evidence.... You will—You won't really know how to give a good opening statement. You are not versed in a final argument which can be very important of how to put everything together.
You won't really know how to advocate your side if you feel that's necessary, or to show the jury that the State's evidence *985 isn't there like an experienced trial lawyer.... You don't know how to give a good opening statement, final argument.

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Bluebook (online)
667 So. 2d 982, 1996 WL 60617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-state-fladistctapp-1996.