Legal Opinion · Concurrence

Garren v. State

District Court of Appeal of Florida

Decided March 14, 2008No. 5D06-4397Published

1Concurrence

THOMPSON, E., Senior Judge,

Concurring Specially, With Opinion.

I agree that the case should be reversed because the trial court did not conduct an adequate Faretta inquiry; thus, Garren’s waiver of his attorney was not freely and voluntarily made. See Fla. R.Crim. P. 3.111(d)(2). However, as I read the panel’s opinion, two reasons are offered for reversal. The first reason is Faretta. The second reason is that Garren showed good cause, absent Faretta, because the trial court did not advise him of the minimum sentence to be imposed. I bifurcate the reasons presented for reversal because, absent…

2Cases cited8 opinions

  1. Simmons v. StateDistrict Court of Appeal of Florida · 1992
  2. Johnson v. StateDistrict Court of Appeal of Florida · 2007
  3. Johnson v. StateDistrict Court of Appeal of Florida · 2008
  4. Johnson v. StateDistrict Court of Appeal of Florida · 1994
  5. Wagner v. StateDistrict Court of Appeal of Florida · 2005

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