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Richard Price Tucker v. State of Florida, 17-0752 (2018)

Court: District Court of Appeal of Florida Number: 17-0752 Visitors: 4
Filed: Oct. 31, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-0752 _ RICHARD PRICE TUCKER, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Clay County. Don H. Lester, Judge. October 31, 2018 PER CURIAM. Appellant 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
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D17-0752
                 _____________________________

RICHARD PRICE TUCKER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Clay County.
Don H. Lester, Judge.

                         October 31, 2018


PER CURIAM.

     Appellant 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 REVERSE appellant’s judgment and sentence
and REMAND for 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.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender, and Jasmine Russell, Assistant
Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant
Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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