Legal Opinion

Atkins v. State

District Court of Appeal of Florida

Decided September 23, 2013No. 1D12-3031Published

1Per curiam

Appfellant seeks a new trial, claiming the trial court committed reversible error when it denied his request for self-representation upon finding appellant was not competent to represent himself. We agree. The record shows appellant presumptively made an unequivocal request for self-representation by repeatedly seeking to discharge defense counsel, whom he found unacceptable, after being informed that he was not entitled to substitute counsel. See Pasha v. State, 39 So.3d 1259, 1262 (Fla.2010). After conducting the necessary inquiry pursuant to Faretta v. California, 422 U.S. 806, 95 S.Ct.…

2Cases cited5 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. State v. BowenSupreme Court of Florida · 1997
  3. Weaver v. StateSupreme Court of Florida · 2004
  4. Pasha v. StateSupreme Court of Florida · 2010
  5. Laidler v. StateDistrict Court of Appeal of Florida · 2011

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