JEROME J. DAVIS, DOC # D82350, Appellant,
STATE OF FLORIDA, Appellee.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Polk County; Roger A. Alcott,
L. Dimmig, II, Public Defender, and Marie-Louise Samuels
Parmer, Special Assistant Public Defender, Bartow, for
Jo Bondi, Attorney General, Tallahassee, and Susan D.
Dunlevy, Assistant Attorney General, Tampa, for Appellee.
LAROSE, CHIEF JUDGE.
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 and
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
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.
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 ...