TUCKER v. STATE (2018)

District Court of Appeal of Florida, First District.

Richard Price TUCKER, Appellant, v. STATE of Florida, Appellee.

No. 1D17-0752

Decided: October 31, 2018

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.

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.

Per Curiam.

Wolf, Lewis, and Rowe, JJ., concur.

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