Florida District Courts of Appeal, 2013

Matucha v. State

Matucha v. State
Florida District Courts of Appeal · Decided November 12, 2013 · Osterhaus, Swanson, Wetherell
125 So. 3d 362; 2013 WL 5988707; 2013 Fla. App. LEXIS 17918 (Southern Reporter, Third Series)

Matucha v. State

Opinion of the Court

PER CURIAM.

Consistent with the state’s concession of error, we conclude that the denial of the right to self representation based on a finding that the defendant is incapable of representing herself requires reversal. Kearse v. State, 858 So.2d 348, 349 (Fla. 1st DCA 2003). Accordingly, the judgment and sentence is reversed and this cause is remanded for further proceedings consistent with this opinion.

WETHERELL, SWANSON, and OSTERHAUS, JJ., concur.

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