Travis Lee Morgan v. State of Florida

Summary

The Florida Second District Court of Appeal affirmed Travis Lee Morgan's convictions and concurrent fourteen-year sentences for two counts of selling a controlled substance within 1,000 feet of a public park. The court held that Morgan invited any error arising from the trial court's failure to renew the offer of standby counsel before the charge conference by knowingly and voluntarily waiving his presence and participation in the remainder of the trial. The court discussed the interaction between Faretta self-representation, waiver of appearance, and the invited-error doctrine.

Holdings

1. Although a charge conference is a critical stage at which the offer of assistance of counsel ordinarily must be renewed after a Faretta waiver, the trial court was not required to conduct another Faretta inquiry when Morgan voluntarily refused to appear and participate in the charge conference.
2. A defendant who knowingly and voluntarily waives appearance and participation in a critical stage, thereby creating the circumstances that prevent the court from renewing the offer of counsel, invites the alleged error and may not complain of it on appeal.

Questions Presented

1. Whether the trial court reversibly erred by failing to renew the offer of assistance of counsel before the charge conference, a critical stage of the proceedings, after Morgan had waived counsel and voluntarily waived his appearance and participation in the remainder of trial.
2. Whether Morgan's voluntary absence and refusal of standby counsel invited any resulting error and barred him from obtaining relief on appeal.

Disposition

affirmed