Davis v. State

Full title: ROBERT B. DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Aug 5, 1991

582 So. 2d 1256 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1073.

August 5, 1991.

An Appeal from the Circuit Court for Escambia County; Frank Bell, Judge.

Nancy Daniels, Public Defender, Abel Gomez, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant's judgment of conviction and sentence for sale of a controlled substance and possession with intent to sell are vacated and the cause is remanded for a new trial. See Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Hart v. State, 529 So.2d 811 (Fla. 1st DCA 1988); Smith v. State, 512 So.2d 291 (Fla. 1st DCA 1987); Smith v. State, 444 So.2d 542 (Fla. 1st DCA 1984).

WIGGINTON and WOLF, JJ., and WENTWORTH, Senior Judge, concur.