Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided November 8, 2002No. 5D01-3316PublishedCited by 2 opinions

1Opinion of the Court

ORFINGER, R. B., J.

In this Anders1 case, Daniel W. Brown, Sr. challenges his conviction and sentence, alleging that his plea was invalid because he was unrepresented by counsel. We reverse because the record fails to demonstrate that the trial court conducted a proper Faretta2 inquiry when it allowed Brown to represent himself or offered Brown the assistance of counsel when he entered his plea.

Brown was charged with sale and delivery of a controlled substance within one thousand feet of a school3 and felony driving while license suspended.4 On the morning of trial, Brown, then unrepresented…

2Cases cited5 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Traylor v. StateSupreme Court of Florida · 1992
  4. Sproule v. StateDistrict Court of Appeal of Florida · 1998
  5. Clary v. StateDistrict Court of Appeal of Florida · 2002

3Cited by2 opinions

  1. Bloodsaw v. StateDistrict Court of Appeal of Florida · 2007
  2. Hyden v. StateDistrict Court of Appeal of Florida · 2011

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