Deleon v. State

Full title: ALFONSO DELEON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jan 21, 1992

591 So. 2d 1154 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-2899.

January 21, 1992.

An Appeal from the Circuit Court for Dade County; Norman Gerstein, Judge.

Bennett H. Brummer, Public Defender, and Paul Morris, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.

PER CURIAM.

Affirmed. See Bowden v. State, 588 So.2d 225 (Fla. 1991); Hardwick v. State, 521 So.2d 1071 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 185, 102 L.Ed.2d 154 (1988); Myles v. State, 582 So.2d 71 (Fla. 3d DCA), review granted, No. 78,308 (Fla. Dec. 27, 1991).

BASKIN and GODERICH, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

In my judgment, the record fails to establish a cognizable basis for the denial of the defendant's request to conduct his own defense. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Kimble v. State, 429 So.2d 1369 (Fla.3d DCA 1983). Accordingly, I would reverse the judgment below.