Osorio v. State
The Third DCA reversed a misdemeanor resisting-officer conviction because the trial court forced the defendant to proceed pro se at a bench trial without either entering a written pre-trial order of no incarceration under Rule 3.111(b)(1) or making an adequate inquiry into his claimed indigency. Although the defendant told the court before trial that he had no money and was indigent, the court made no further inquiry and the record contained no indigency determination or valid waiver of counsel.
Key facts
- Osorio was charged with misdemeanor resisting an officer and proceeded to a bench trial without counsel after the trial court denied him a lawyer.
- The defendant stated before trial that he had no money and was indigent, but the trial court made no further inquiry into his indigency and entered no written order of no incarceration.
- +2 more key facts with a free trial
Why it matters
This decision reinforces that county courts handling high-volume misdemeanor dockets cannot bypass the right to counsel simply because a defendant appears without a lawyer or requests a speedy trial; the court itself… — full analysis with a trial
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