McGee v. State

Florida District Courts of Appeal
McGee v. State, 835 So. 2d 404 (2003)
2003 Fla. App. LEXIS 903; 2003 WL 201333
Casanueya, Kelly, Salcines

McGee v. State

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).

Reference

Full Case Name
Richard McGEE v. STATE of Florida
Cited By
1 case
Status
Published