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concluding a defendant “must still be made aware of the dangers and disadvantages of self-representation so that the record will establish the defendant made the choice with open eyes”
Summary of this case from Herron v. StateOpinion
No. 5D10–3191.
2011-09-9
James S. Purdy, Public Defender, and Colby Nicole Ferris, Assistant Public Defender, Daytona Beach, for Appellant.Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
James S. Purdy, Public Defender, and Colby Nicole Ferris, Assistant Public Defender, Daytona Beach, for Appellant.Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
The appellant, Donald L. Lindsey, asks that we reverse his conviction of robbery with a weapon, as well as the sentence imposed for that offense, because the trial judge erroneously denied his pro se motion to dismiss his appointed attorney and to allow him to represent himself. Mr. Lindsey argues that his motion was unequivocal, and that the trial court denied his motion solely because the appellant lacked legal experience. The State argues in opposition that while the trial judge may have incorrectly based his decision on Mr. Lindsey's lack of capacity to represent himself effectively, rather than on whether he had the capacity to waive counsel, we should nevertheless affirm because the appellant did not unequivocally request to represent himself, and thereafter impliedly waived his right to assert this issue. We reverse.
The issue arose after Mr. Lindsey complained about his court-appointed counsel and asked that he be dismissed. His exact words were: “I wish to represent myself because I think [defense counsel] is—he has discriminated against me.” The court properly held a Nelson