Tennis v. State

997 So. 2d 375, 2008 WL 5170559
CourtSupreme Court of Florida
DecidedDecember 11, 2008
DocketSC06-730
StatusPublished
Cited by58 cases

This text of 997 So. 2d 375 (Tennis v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tennis v. State, 997 So. 2d 375, 2008 WL 5170559 (Fla. 2008).

Opinion

997 So.2d 375 (2008)

Gabby TENNIS, Appellant,
v.
STATE of Florida, Appellee.

No. SC06-730.

Supreme Court of Florida.

December 11, 2008.

Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, FL, for Appellant.

Bill McCollum, Attorney General, Tallahassee, FL, and Lisa-Marie Lerner, Assistant Attorney General, West Palm Beach, FL, for Appellee.

PER CURIAM.

Appellant, Gabby Tennis, appeals his conviction for first-degree murder and sentence of death. Our jurisdiction over death sentences is mandatory. See art. V, § 3(b)(1), Fla. Const. Tennis raises eighteen issues on appeal.[1] However, we address *376 only one issue because it mandates reversal. In his third issue on appeal, Tennis alleges that the trial court erred in failing to conduct a hearing under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), after Tennis made multiple requests to represent himself. We agree that this failure constituted error. Because of this error, which is of constitutional magnitude and not subject to a harmless error analysis, we are compelled to reverse and remand for proceedings consistent with this opinion.

This case arises out of the felony murder on June 2, 2003, of a ninety-one-year-old victim, Albert Vassella, with burglary and robbery as the underlying felonies. Tennis was nineteen years old at the time of the crime. His codefendant and girlfriend, Sophia Adams, who pled guilty to second-degree murder and testified against him at trial, was sixteen years old at the time.

While an extensive recitation of the facts is unnecessary in light of our reversal, the facts showed that the murder was motivated by money; specifically money to pay Liza Boltos, Sophia Adams's mother, for the "right" to marry her daughter. At trial, Tennis did not deny being present at the victim's house but denied that he murdered the victim and disputed the circumstances of the crime. The forensic evidence placed both Tennis and Adams at the crime scene. However, the facts also showed that Boltos was the person who knew the victim because she cleaned his house and borrowed small amounts of money from him in the past. She also testified she was a member of the "gypsy culture," as were Adams and Tennis, and that Adams had "eloped" with Tennis. With regard to the elopement, Boltos stated, "I called his father and I told him that his son eloped with my daughter and what is he going to do about it ... [but] he called me, you mother fucker, then he hung up." She then urged Tennis to contact his father for the "three, four or five thousand" dollars that she wanted in exchange for Adams, but his father refused. Based on this testimony, as well as other testimony and physical evidence, Tennis was ultimately convicted of the murder of Vassella.

With this brief factual background, we proceed to examine the circumstances that led to Tennis's demand to represent himself at trial and the failure of the trial court to conduct the appropriate inquiry. *377 On April 8, 2005, Tennis filed his first motion to dismiss counsel, alleging that counsel failed to "perfect a defense" for Tennis and ignored Tennis's attempts to contact him. On April 15, 2005, the court held a hearing to address Tennis's motion, in which the court stated it would conduct a Nelson inquiry.[2] During the hearing, Tennis alleged that counsel demanded $10,000 from Tennis's father in order to hire an expert witness. Tennis further alleged that counsel refused to investigate Liza Boltos's participation in the murder. The court found that there had been no showing that counsel "ha[d] not been competently representing" Tennis and denied the motion to dismiss counsel.

Subsequently, on June 6, 2005, Tennis filed another motion to dismiss counsel, alleging a conflict of interest with his counsel and that counsel failed to prepare for trial.[3] The court addressed Tennis's motion at a hearing on June 10, 2005. In response to Tennis's claim that counsel was incompetent, the trial court asked Tennis what he could show to substantiate his claim. In addition to other grounds, Tennis referred the court to out-of-court conversations between his family and counsel, stating that "there was [sic] verbal confrontations of I don't know, of cursing and this and that. It was very, very, a lot of things that is [sic] going on that's outside of the courtroom you're not seeing." Moreover, Tennis stated, "I refuse to go to trial with him. I would like to go pro se, instead of having two prosecutors against me, I'll do it myself. Even though I don't know what I'm doing, I will have a better fighting chance." In denying the motion, the court stated that it found nothing in the record substantiating Tennis's claim regarding his motion to dismiss counsel and denied the motion based on its observations of counsel's in-court conduct. The trial court did not address Tennis's alternative request to represent himself.

Tennis then filed two pro se "motion[s] for leave to proceed as self counsel with appointment of standby counsel" on July 7, 2005, and July 28, 2005. In the motions, Tennis alleged that there was a conflict of interest between counsel and himself and that the cross-examination of adverse witnesses and the presentation of his defense would be impaired if he could not represent himself. The record reflects that the court did not hold a Faretta hearing despite the two separate motions to proceed pro se.

Under the United States Supreme Court's ruling in Faretta, an accused has the right to self-representation at trial. A defendant's choice to invoke this right "must be honored out of `that respect for *378 the individual which is the lifeblood of the law.'" Faretta, 422 U.S. at 834, 95 S.Ct. 2525 (quoting Illinois v. Allen, 397 U.S. 337, 350-51, 90 S.Ct. 1057, 25 L.Ed.2d 353(1970) (Brennan, J., concurring)). While giving more discretion to trial courts to examine a defendant's mental competency and mental capacity to represent himself, the United States Supreme Court in Indiana v. Edwards, ___ U.S. ___, 128 S.Ct. 2379, 171 L.Ed.2d 345 (2008), reaffirmed the core importance of Faretta. Referring to Faretta as the "foundational `self-representation' case," the Court explained that the "Sixth and Fourteenth Amendments include a `constitutional right to proceed without counsel when' a criminal defendant `voluntarily and intelligently elects to do so.'" Edwards, 128 S.Ct. at 2383 (quoting Faretta, 422 U.S. at 807, 95 S.Ct. 2525). It further explained that the right came from five sources:

(1) a "nearly universal conviction," made manifest in state law, that "forcing a lawyer upon an unwilling defendant is contrary to his basic right to defend himself if he truly wants to do so," (2) Sixth Amendment language granting rights to the "accused," (3) Sixth Amendment structure indicating that the rights it sets forth, related to the "fair administration of American justice," are "persona[l]" to the accused, (4) the absence of historical examples of forced representation, and (5) "`respect for the individual.'"

Id. at 2383 (citations omitted) (quoting Faretta, 422 U.S. at 817-19, 834, 95 S.Ct. 2525).

Before the trial court can make a decision whether to permit the defendant to proceed pro se, the defendant's request for self-representation must be unequivocal.

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Bluebook (online)
997 So. 2d 375, 2008 WL 5170559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tennis-v-state-fla-2008.