Walker v. State
The First DCA affirmed a trespass conviction, rejecting challenges to the sufficiency of the evidence and to the validity of Walker's oral jury-trial waiver. The court held that the Faretta colloquy conducted when Walker elected to represent himself, combined with his repeated on-the-record requests for a bench trial at later hearings, satisfied the requirement of a proper colloquy supporting a knowing, intelligent, and voluntary jury waiver. The court also held that any defect in that colloquy was invited error because Walker, who represented himself at trial, personally requested the bench trial.
Key facts
- Walker was charged with trespass after returning to a property on two occasions despite being personally warned by police not to return.
- The trial court conducted a Faretta colloquy when Walker elected to represent himself and accepted his oral waiver of jury trial based on that colloquy combined with Walker's repeated on-the-record requests for a bench trial at subsequent hearings.
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Why it matters
This opinion gives practitioners a usable framework for evaluating jury-trial waivers by self-represented defendants, holding that a Faretta colloquy plus repeated pretrial confirmations can substitute for a standalone… — full analysis with a trial
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