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Baker v. State

District Court of Appeal of Florida, Second District
Oct 22, 1999
745 So. 2d 1035 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-05161.

Opinion filed October 22, 1999.

Appeal from the Circuit Court for Manatee County; Peter A. Dubensky, Judge.

Gary M. Glassman of Glassman Golden Norris, Sarasota, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.


Kenneth Baker appeals the final judgment after the jury found him guilty of uttering a forged instrument. We affirm because contrary to Baker's position, the trial court was not required to conduct a full Faretta hearing under the circumstances of this case.

Faretta v. California, 422 U.S. 806 (1975).

Baker was very clear that he wanted to assist his attorney. Faretta only applies when the defendant makes a clear and unequivocal request for self-representation. See Bell v. State, 699 So.2d 674, 676 (Fla. 1997), cert. denied, 118 S.Ct. 1067 (1998). In Bell, the defendant asked the trial court to be allowed to assist his attorney because of complaints he had about counsel. The supreme court concluded that Bell never asked to represent himself, and therefore, the trial court did not err by not conducting a full Faretta hearing. Id. at 677. Therefore, in the instant case, there was no trial court error.

Affirmed.

CAMPBELL, A.C.J., and PARKER and GREEN, JJ., Concur.


Summaries of

Baker v. State

District Court of Appeal of Florida, Second District
Oct 22, 1999
745 So. 2d 1035 (Fla. Dist. Ct. App. 1999)
Case details for

Baker v. State

Case Details

Full title:KENNETH BAKER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Oct 22, 1999

Citations

745 So. 2d 1035 (Fla. Dist. Ct. App. 1999)