Florida District Courts of Appeal, 2003

McGee v. State

Florida District Courts of Appeal · Decided January 31, 2003 · Casanueya, Kelly, Salcines

835 So. 2d 404; 2003 Fla. App. LEXIS 903; 2003 WL 201333 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Liberatore v. Kaufman (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

KELLY, Judge.

Richard McGee appeals from his judgment and sentence for aggravated battery. He argues, and the State concedes, that the trial court erred in failing to conduct a proper Faretta1 inquiry before denying McGee’s request to represent himself. We agree that the trial court erroneously focused its inquiry on whether McGee possessed the skill to represent himself rather than on whether his decision to waive counsel was knowing and intelligent. See Hill v. State, 688 So.2d 901 (Fla. 1996). Accordingly, we reverse and remand for a new trial.

CASANUEYA and SALCINES, JJ., Concur.

. See Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).

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