284 So. 2d 12 | Fla. Dist. Ct. App. | 1973
This is an appeal from the denial of an amended petition for Writ of Habeas Corpus.
For the principle that the trial judge has the duty to determine the volun-tariness of waiver of counsel, the appellant cites Mason v. State, Fla.1965, 176 So.2d 76, Donald v. State, Fla.App.1964, 166 So.2d 453, and Love v. State, Fla.App.1972, 270 So.2d 408. This is a correct principle of law but contemplates the usual situation where the first consideration of counsel for the accused was when he appeared before the trial judge and does not mean that counsel for the trial stage cannot be lawfully waived in any other manner, such as out of court before trial. Here, since the matter of counsel had been considered by the accused and voluntarily and intelligently waived by him b'efore his appearance before the trial judge, there was no requirement that the judge pursue or review the question on his own motion.
The order denying the' writ of habeas corpus is affirmed.
. Of course, officers seeking a statement from the accused and complying with Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, have been required to offer and furnish counsel or obtain a proper waiver and now under RCrP Rule - 3.111 (c) (1) and (2), 33 F.S.A., booking officers are required to extend an offer of counsel and county judges at First Appearance consider appointment of counsel under RCrP Rule 3.130(b) (2) (ii). Of course, these procedural rules do not apply to a municipal court but illustrate common examples of consideration of waiver or furnishing of counsel by someone other than the trial judge.