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Lindsey v. State

District Court of Appeal of Florida, Fifth District
Sep 9, 2011
69 So. 3d 363 (Fla. Dist. Ct. App. 2011)
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Summary

concluding a defendant “must still be made aware of the dangers and disadvantages of self-representation so that the record will establish the defendant made the choice with open eyes”

Summary of this case from Herron v. State
See 6 Summaries

Opinion

No. 5D10–3191.

2011-09-9

Donald L. LINDSEY, Appellant,v.STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Colby Nicole Ferris, Assistant Public Defender, Daytona Beach, for Appellant.Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

MONACO, J.

James S. Purdy, Public Defender, and Colby Nicole Ferris, Assistant Public Defender, Daytona Beach, for Appellant.Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

The appellant, Donald L. Lindsey, asks that we reverse his conviction of robbery with a weapon, as well as the sentence imposed for that offense, because the trial judge erroneously denied his pro se motion to dismiss his appointed attorney and to allow him to represent himself. Mr. Lindsey argues that his motion was unequivocal, and that the trial court denied his motion solely because the appellant lacked legal experience. The State argues in opposition that while the trial judge may have incorrectly based his decision on Mr. Lindsey's lack of capacity to represent himself effectively, rather than on whether he had the capacity to waive counsel, we should nevertheless affirm because the appellant did not unequivocally request to represent himself, and thereafter impliedly waived his right to assert this issue. We reverse.

The issue arose after Mr. Lindsey complained about his court-appointed counsel and asked that he be dismissed. His exact words were: “I wish to represent myself because I think [defense counsel] is—he has discriminated against me.” The court properly held a Nelson

Summaries of

Lindsey v. State

District Court of Appeal of Florida, Fifth District
Sep 9, 2011
69 So. 3d 363 (Fla. Dist. Ct. App. 2011)

concluding a defendant “must still be made aware of the dangers and disadvantages of self-representation so that the record will establish the defendant made the choice with open eyes”

Summary of this case from Herron v. State

concluding that “the passage of a few months and a subsequent trial do not amount to a waiver” of a request to discharge counsel

Summary of this case from Herron v. State

In Lindsey, the state argued that the defendant waived his request to represent himself when he proceeded to trial with court-appointed counsel after the trial court denied his request to discharge counsel.

Summary of this case from Cheney v. State

In Lindsey, the Fifth District examined a waiver claim when a defendant did not reassert his rights after an adverse ruling had been made after a hearing, whereas here, we are asked to examine a waiver claim because the defendant did not continue insisting on a Faretta hearing.However, the distinction in procedural posture between the cases, regarding waiver principles after a previous request for self-representation, is not material.

Summary of this case from Deferrell v. State

In Lindsey, the trial court held an abbreviated Faretta hearing, and denied the defendant's request to represent himself.

Summary of this case from Deferrell v. State

In Lindsey, the defendant sought to dismiss his court-appointed counsel, stating that his counsel was discriminating against him.

Summary of this case from Hooker v. State
Case details for

Lindsey v. State

Case Details

Full title:Donald L. LINDSEY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 9, 2011

Citations

69 So. 3d 363 (Fla. Dist. Ct. App. 2011)

Citing Cases

Herron v. State

Here, the trial court neither made a thorough inquiry nor a determination of record. See Lindsey v. State, 69…

Cheney v. State

See Brown v. Wainwright , 665 F.2d 607, 611 (5th Cir. 1982) (en banc ) ("Even if defendant requests to…

5 Citing Cases