Jimmie M. Evans v. State of Florida

Summary

The Florida Third District Court of Appeal held that the trial court reversibly erred by failing to conduct a Faretta inquiry after Jimmie Evans unequivocally requested to represent himself during a probation violation proceeding. The court vacated the order revoking probation and imposing a life sentence and remanded for further proceedings. The court characterized the failure to conduct the inquiry as per se reversible error.

Holdings

1. When a criminal defendant makes an unequivocal request for self-representation before the commencement of the proceeding, the trial court must conduct a Faretta hearing to determine whether the defendant is knowingly and intelligently waiving the right to appointed counsel, subject to the applicable competency requirements.
2. A trial court's failure to conduct a required Faretta inquiry after an unequivocal request for self-representation is per se reversible error and is not subject to harmless-error analysis.

Questions Presented

1. Whether the trial court reversibly erred by failing to conduct a Faretta inquiry after Evans unequivocally requested to represent himself before the probation-violation hearing.
2. Whether the failure to conduct the Faretta inquiry was subject to harmless-error analysis.

Disposition

reversed_and_remanded