Florida District Courts of Appeal, 2018

Tucker v. State

Tucker v. State
Florida District Courts of Appeal · Decided October 31, 2018
256 So. 3d 255 (Southern Reporter, Third Series)

Tucker v. State

Opinion of the Court

Per Curiam.

*256Appellant challenges the trial court's order revoking his probation. Appellant argues that the trial court failed to hold a proper Faretta inquiry after appellant made an unequivocal request to represent himself. The State concedes that reversible error occurred. We agree. Williams v. State , 163 So.3d 740, 741 (Fla. 1st DCA 2015) ; see also Cuyler v. State , 131 So.3d 827, 828 (Fla. 1st DCA 2014) (holding a defendant who chooses to proceed pro se must be offered the assistance of counsel at every critical stage of a criminal proceeding, including the sentencing hearing).

Accordingly, we REVERSEappellant's judgment and sentence and REMANDfor a new revocation of probation hearing with instructions for the trial court to conduct a proper Faretta inquiry at every critical stage of the proceeding if appellant chooses to represent himself.

Wolf, Lewis, and Rowe, JJ., concur.

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