SWANK v. KEY WEST BY THE SEA ASS'N, INC.

No. 95-1897.

772 So.2d 538 (1996)

Dale Russell SWANK, Appellant, v. KEY WEST BY THE SEA ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Third District.

June 26, 1996.


Attorney(s) appearing for the Case

Dale Russell Swank, in proper person.

Robert A. Butterworth, Attorney General and Avi J. Litwin, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.


CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, the record reflects that the procedural due process safeguards prescribed by Rule 3.840(a)(1)(7), Florida Rules of Criminal Procedure, were not followed in this case. Specifically, there is no evidence in the record that the trial court issued an order to show cause, and further, that the defendant knowingly and intelligently waived his right to counsel. Faretta v. California,...

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