Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Davis v. State

Florida Court of Appeals, Second District

November 22, 2017

JEROME J. DAVIS, DOC # D82350, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

         Appeal from the Circuit Court for Polk County; Roger A. Alcott, Judge.

          Howard L. Dimmig, II, Public Defender, and Marie-Louise Samuels Parmer, Special Assistant Public Defender, Bartow, for Appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

          LAROSE, CHIEF JUDGE.

         Jerome James Davis appeals his final judgment and sentences. We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). We reverse and remand for a new trial because the trial court failed to conduct adequate Nelson[1] and Faretta[2] hearings.

         A jury convicted Mr. Davis of burglary with an assault or battery, in violation of section 810.02, Florida Statutes (2013), false imprisonment, in violation of section 787.02, Florida Statutes (2013), and stalking, in violation of section 784.048, Florida Statutes (2013). The trial court sentenced him to life in prison for the burglary, five years in prison for the false imprisonment, and twelve months in jail for the stalking.

         Mr. Davis argues that the trial court failed to conduct adequate Nelson and Faretta hearings before it allowed him to represent himself. The State concedes that Mr. Davis is entitled to a new trial. Mr. Davis also argues that the trial court violated his right to a speedy trial. Finally, Mr. Davis asserts that the trial court made numerous improper evidentiary rulings.

         Background

         Mr. Davis appeared for his jury trial with his lawyer from the Public Defender's office. Mr. Davis told the trial court that he wanted to discharge his lawyer.

[M]y communications with [my defense counsel] are inadequate. I have tried to tell you that I've asked the witnesses to come in my behalf, which [my defense counsel] has said that she didn't have time to deposition [sic] them. When I asked her who she depositioned [sic], she says I don't have time for that. She wants to tell me how she's going to run my life. Honorable Alcott, I wouldn't care what --what the State thinks of me or you think of me at this point. This is my life. I don't have time to sit down and argue with [my defense counsel].
I believe that I can go off of just the police report. I believe, Your Honor, with no disrespect to you or the State --you guys are college educated, you've -- you've done a lot of time in criminal activity -- if you just simply go over the police reports, okay, you will be able to see that this female is lying. And you would not even -- how would you say -- take her studious [sic]. And I -- and I do hope that you do that in between now and jury selection in time that we go to the court [sic]. All I ask for you, sir, is for you to cut this bracelet off of me and give me a belt and let me pick my jury. I have no time to argue with [my defense counsel]. She's dismissed, period.
And also Honorable Ojeda, if you want to call him and ask him -- I went through this before -- excuse me of raising my hands above my shoulders, sir, but how would you say --I have -- I've represented myself successfully before. So if you need to call Honorable Ojeda to show that I'm competent or whatever, but I shouldn't have to be going through --
And [my defense counsel] never has showed me anything that she's doing. She just expects me to just -- just happily go on whatever she ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.