Visage v. State

Supreme Court of Florida

Visage v. State

679 So. 2d 735, 21 Fla. L. Weekly Supp. 299, 1996 Fla. LEXIS 1068, 1996 WL 366301

CourtSupreme Court of Florida

DecidedJuly 3, 1996

DocketNo. 86999

StatusPublished

Cited by1 cases

This text of 679 So. 2d 735 (Visage 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.

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Visage v. State, 679 So. 2d 735, 21 Fla. L. Weekly Supp. 299, 1996 Fla. LEXIS 1068, 1996 WL 366301 (Fla. 1996).

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Opinion

GRIMES, Justice.

We have for review Visage v. State, 664 So.2d 1101, 1102 (Fla. 1st DCA 1995), wherein the district court of appeal certified the following question to be of great public importance:

MAY A DEFENDANT BE MENTALLY COMPETENT TO STAND TRIAL YET STILL LACK THE ABILITY TO MAKE AN INTELLIGENT AND UNDERSTANDING CHOICE TO PROCEED WITHOUT COUNSEL UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.111(D)(3)?

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

Both parties concede that it is well settled that a defendant may be competent to stand trial yet lack the ability to knowingly and intelligently waive counsel. See, e.g., Johnston v. State, 497 So.2d 863 (Fla.1986); Muhammad v. State, 494 So.2d 969 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987); Goode v. State, 365 [736]*736So.2d 381 (Fla.1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979). We agree and therefore discharge jurisdiction.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur.

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GRIMES, Justice.

We have for review Visage v. State, 664 So.2d 1101, 1102 (Fla. 1st DCA 1995), wherein the district court of appeal certified the following question to be of great public importance:

MAY A DEFENDANT BE MENTALLY COMPETENT TO STAND TRIAL YET STILL LACK THE ABILITY TO MAKE AN INTELLIGENT AND UNDERSTANDING CHOICE TO PROCEED WITHOUT COUNSEL UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.111(D)(3)?

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

Both parties concede that it is well settled that a defendant may be competent to stand trial yet lack the ability to knowingly and intelligently waive counsel. See, e.g., Johnston v. State, 497 So.2d 863 (Fla.1986); Muhammad v. State, 494 So.2d 969 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987); Goode v. State, 365 [736]*736So.2d 381 (Fla.1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979). We agree and therefore discharge jurisdiction.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur.

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679 So. 2d 735, 21 Fla. L. Weekly Supp. 299, 1996 Fla. LEXIS 1068, 1996 WL 366301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/visage-v-state-fla-1996.

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