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McKINNEY v. STATE

No. 4D02-3845.

850 So.2d 680 (2003)

Desmond McKINNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 30, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for Appellee.

GROSS, J.

The only issue in this case is whether the trial court fell into a Faretta1 trap by denying appellant's right to self-representation. We hold that after the trial court determined that appellant had "knowingly and intelligently" waived his right to counsel, it erred in requiring him to proceed with a court-appointed lawyer because he was incompetent to represent himself.

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