Legal Opinion

Garren v. State

District Court of Appeal of Florida

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

1Opinion of the CourtLawson, J.

Eric Lee Garren appeals from the denial of his pre-sentence motion to withdraw his pleas. We conclude that Garren should have been allowed to withdraw his pleas, and reverse.

Garren was charged with aggravated battery with a deadly weapon and battery. He appeared at arraignment, unrepresented, and indicated a desire to plead guilty to the charges. Without conducting a Faretta inquiry,1 the trial court accepted Garren’s guilty pleas and set a sentencing date approximately one month *1161later. Garren asked the trial court to appoint counsel to represent him at sentencing, and the court appointed the…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Onnestad v. StateDistrict Court of Appeal of Florida · 1981
  3. Johnson v. StateDistrict Court of Appeal of Florida · 2007
  4. Watkins v. StateDistrict Court of Appeal of Florida · 2007

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