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MATUCHA v. STATE

No. 1D13-3185.

125 So.3d 362 (2013)

Melissa MATUCHA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 12, 2013.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Richard M. Bracey, III , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Jay Kubica , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Consistent with the state's concession of error, we conclude that the denial of the right to self representation based on a finding that the defendant is incapable of representing herself requires reversal. Kearse v. State, 858 So.2d 348, 349 (Fla. 1st DCA 2003). Accordingly, the judgment and sentence is reversed and this cause is remanded for further proceedings consistent with this opinion.

WETHERELL...

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