Evans v. State
The Third DCA reversed an order revoking probation and imposing a life sentence because the trial court failed to conduct a Faretta hearing after Evans unequivocally requested to represent himself before the VOP hearing commenced. The court held that a trial court's failure to hold a Faretta inquiry in response to an unequivocal request for self-representation is per se reversible error, not subject to harmless error analysis, even in a probation-violation proceeding.
Key facts
- Evans requested to represent himself before a probation violation (VOP) hearing commenced, including an express request for a Faretta hearing, but the trial court failed to conduct a Faretta inquiry.
- The trial court revoked Evans's probation and imposed a life sentence following the VOP hearing.
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Why it matters
This opinion reinforces and extends the per se reversible error rule for Faretta violations to the probation-revocation context, making clear that trial courts must conduct a Faretta inquiry any time a defendant… — full analysis with a trial
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