85 So. 3d 1176
Fla. Dist. Ct. App.2012Background
- Charlot was convicted of carrying a concealed weapon in the Fourth District Court of Appeal.
- On appeal, Charlot challenged the denial of his motion for judgment of acquittal on the concealment element; the state presented a jury question about concealment.
- Charlot also challenged the trial court for not conducting a Faretta hearing when he opted to go to trial against counsel's advice to press a suppression motion.
- On the trial morning, defense counsel mentioned a possible suppression motion and the need for a continuance; Charlot did not want delay.
- The judge conducted a colloquy, explaining the potential suppression motion and its possible denial; Charlot understood and still chose to proceed to trial.
- Charlot was tried, found guilty of carrying a concealed weapon, and sentenced to thirty months of probation; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the concealment element required a jury question. | Charlot | Charlot | Affirmed; jury question on concealment |
| Whether Faretta warnings were required when defendant chose trial over seeking suppression. | Charlot argued Faretta applied because he effectively acted as his own counsel by rejecting suppression. | State asserted no Faretta hearing needed since no request for self-representation occurred. | Faretta not required; proper inquiry conducted |
Key Cases Cited
- Dorelus v. State, 747 So.2d 368 (Fla. 1999) (jury question on concealment element)
- Curtis v. State, 685 So.2d 1234 (Fla.1996) (continuance denial not abuse where defendant informed and consented)
- Boyd v. State, 45 So.3d 557 (Fla. 4th DCA 2010) (informed decision on speedy trial rights; no Faretta inquiry required)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation; prerequisites for waiver)
- McCray v. State, 71 So.3d 848 (Fla.2011) (Faretta waiver analysis requirement after unequivocal request)
