Harry WILSON, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
*145 Teresa J. Sopp, Jacksonville, for Appellant.
Robert A. Butterworth, Attorney General; Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.
DAVIS, J.
Harry Wilson appeals his convictions for dealing in stolen property, burglary of a structure, and petit theft. Wilson asserts that the trial court erred in failing to conduct an adequate inquiry into his capacity to make the decision to represent himself.[1] We find that the trial court abused its discretion by permitting Wilson to represent himself without first making the inquiry required under Faretta v. California,
Once a defendant makes an unequivocal demand for self-representation, the obligation to conduct a Faretta inquiry is triggered. Cf. Smith v. State,
The inquiry in the present case was deficient. "[T]he trial judge must make a determination that the defendant is literate, competent and understanding, and that he is voluntarily exercising his informed free will." Smith v. State,
The harmless error rule does not apply to this issue. See State v. Young,
JOANOS and KAHN, JJ., concur.
NOTES
Notes
[1] Wilson also argues that there was insufficient evidence to support a conviction for burglary. Because we reverse and remand for a new trial on the first ground, we need not address this argument.
[2] We note that the trial court did not have the benefit of the newly adopted model Faretta inquiry approved by the Florida Supreme Court. See Amendment to Florida Rule of Criminal Procedure 3.111(d)(2)-(3),
