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Cruz v. State

District Court of Appeal of Florida, Third District
Apr 20, 2011
59 So. 3d 322 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D09-1139.

April 20, 2011.

An Appeal from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge.

Carlos J. Martinez, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Forrest L. Andrews, Jr., Assistant Attorney General, for appellee.

Before LAGOA and SALTER, JJ., and SCHWARTZ, Senior Judge.


William Cruz appeals his conviction and sentence for attempted second degree murder. We reverse the conviction on each of two independently-sufficient grounds. First, the attempted voluntary manslaughter instruction, as given to the jury, violates the holding in State v. Montgomery, 39 So.3d 252 (Fla. 2010).

Second, we find that Cruz's second demand to represent himself was unequivocally made, necessitating a Faretta hearing. Rodriguez v. State, 982 So.2d 1272 (Fla. 3d DCA 2008). Because such a hearing was not conducted before the trial court denied Cruz's demand, a reversal on this ground is also required.

Faretta v. California, 422 U.S. 806, 95 S.Ct.2525, 45 L.Ed.2d 562 (1975).

Reversed and remanded.


Summaries of

Cruz v. State

District Court of Appeal of Florida, Third District
Apr 20, 2011
59 So. 3d 322 (Fla. Dist. Ct. App. 2011)
Case details for

Cruz v. State

Case Details

Full title:William CRUZ, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 20, 2011

Citations

59 So. 3d 322 (Fla. Dist. Ct. App. 2011)

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