Guzzardo v. State

Full title: Raymond GUZZARDO, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 11, 2005

894 So. 2d 1088 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-2630.

March 11, 2005.

Appeal from the Circuit Court for Orange County, John H. Adams, Judge.

James S. Purdy, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this probation violation case, the State properly concedes that the trial court erred by failing to follow any of the requirements of Florida Rule of Criminal Procedure 3.111(d) and Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), before requiring Appellant to proceed to hearing without benefit of counsel. The judgment and sentence are, therefore, reversed and this cause is remanded for further proceedings consistent herewith.

REVERSED and REMANDED.

PETERSON, MONACO and TORPY, JJ., concur.