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Grant v. State

District Court of Appeal of Florida, Second District
Mar 29, 2000
779 So. 2d 355 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D99-1221

Opinion filed March 29, 2000.

Appeal from the Circuit Court for Polk County; E. Randolph Bentley, (Senior) Judge.

James Marion Moorman, Public Defender and Raymond Dix, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


Appellant challenges the order revoking his probation. We reverse because the court failed to sufficiently apprise appellant of the dangers and disadvantages of self-representation. Such a failure is reversible error and is not subject to the harmless error rule. See Jones v. State, 650 So.2d 1095 (Fla. 2d DCA 1995). See also Vera v. State, 689 So.2d 389 (Fla. 2d DCA 1997).

The transcript of the revocation hearing reveals that the court merely advised appellant of his right to an attorney. He never established that appellant was knowingly and voluntarily waiving his right to counsel. The issue of appellant's right to counsel became intricately intertwined with the issue of appellant's willingness to accept or reject the State's plea offer.

It is also clear from appellant's subsequent letter to the court that, before he agreed to the State's offer, he did not understand the meaning of community control. He thought it meant community service. Counsel could have advised him correctly.

Reversed and remanded for further proceedings.

THREADGILL and STRINGER, JJ., Concur.


Summaries of

Grant v. State

District Court of Appeal of Florida, Second District
Mar 29, 2000
779 So. 2d 355 (Fla. Dist. Ct. App. 2000)
Case details for

Grant v. State

Case Details

Full title:VERNON GRANT, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 29, 2000

Citations

779 So. 2d 355 (Fla. Dist. Ct. App. 2000)