COOPER v. STATE (2021)

District Court of Appeal of Florida, First District.

Anthony Jerome COOPER, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2090

Decided: January 06, 2021

Jessica J. Yeary, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha Herrera, Assistant Attorney General, Tallahassee, for Appellee.

Affirmed. See Cheney v. State, 236 So. 3d 500, 502–03 (Fla. 1st DCA 2018) (holding that defendant “abandoned his request to represent himself when he expressly agreed to allow his courtappointed counsel to continue to represent him,” even after he made unequivocal request to represent himself); see also Brown v. Wainwright, 665 F.2d 607, 611 (5th Cir. 1982) (“Even if defendant requests to represent himself, however, the right may be waived through defendant's subsequent conduct indicating he is vacillating on the issue or has abandoned his request altogether.”); Raulerson v. Wainwright, 732 F.2d 803, 809 (11th Cir. 1984) (holding that even if defendant had originally made “a clear and unequivocal demand to represent himself, his agreement to proceed with the assistance of an attorney waived that original request until he reasserted it”).

Per Curiam.

Ray, C.J., and Rowe and Tanenbaum, JJ., concur.

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