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

Supreme Court of Florida·Decided July 3, 1996·No. No. 86999·Published·Cited by 1 cases

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] So.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] So.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.

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

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