Williams v. State
Williams v. State
Opinion of the Court
Marcus Williams appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, wherein he raised five issues. After considering the state’s response to our order to show cause, we affirm the denial of
Florida Rule of Criminal Procedure 8.191(b) provides defendants the right to demand a speedy trial within 60 days after being taken into custody. Williams alleged in his motion that he was arrested on July 18, 1997, and he attached a letter showing that he informed the Public Defender’s Office on August 7, 1997, that he would be representing himself, but asked who standby counsel would be so that he could request that counsel make a demand for speedy trial. He also attached a letter dated September 9, 1997, that he had sent to a Mr. Sheffield (presumably with the Public Defender’s Office) asking him to file a demand for speedy trial. Williams claimed that because counsel failed to file either a demand for speedy trial or motion for discharge, Williams filed a motion to discharge his defense counsel. The trial court refused to appoint another attorney, but eventually allowed Williams to represent himself. Williams claims he was thus prejudiced by counsel’s incompetence because he was forced to go to trial without experienced counsel, and the state was able to delay his trial for two years.
The trial court summarily rejected Williams’s claim for the reason that he was permitted to represent himself on August 4, 1998, and the trial court had thereafter heard his motion alleging expiration of the time for speedy trial and then set his case for trial. The transcripts of the Faretta
On remand, the trial court should either attach portions of the record that conclusively refute Williams’s claim, or hold an evidentiary hearing. See, e.g., Waldburg v. State, 644 So.2d 608 (Fla. 1st DCA 1994); Hankins v. State, 677 So.2d 112 (Fla. 4th DCA 1996).
AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings.
. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.