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Richard Price TUCKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District2018-10-31No. No. 1D17-0752
256 So. 3d 255

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Opinion

majority opinion

Per Curiam.

Appellant challenges the trial courts order revoking his probation. Appellant argues that the trial court failed to hold a proper Faretta inquiry after appellant made an unequivocal request to represent himself. The State concedes that reversible error occurred. We agree. Williams v. State , 163 So.3d 740, 741 (Fla. 1st DCA 2015) ; see also Cuyler v. State , 131 So.3d 827, 828 (Fla. 1st DCA 2014) (holding a defendant who chooses to proceed pro se must be offered the assistance of counsel at every critical stage of a criminal proceeding, including the sentencing hearing).

Accordingly, we REVERSEappellants judgment and sentence and REMANDfor a new revocation of probation hearing with instructions for the trial court to conduct a proper Faretta inquiry at every critical stage of the proceeding if appellant chooses to represent himself.

Wolf, Lewis, and Rowe, JJ., concur.