Anthony Jerome Cooper v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 6, 2021
Docket1D18-2090
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-2090
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ANTHONY JEROME COOPER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Mark Borello, Judge.
January 6, 2021
PER CURIAM.
AFFIRMED. See Cheney v. State, 236 So. 3d 500, 502–03 (Fla.
1st DCA 2018) (holding that defendant “abandoned his request to
represent himself when he expressly agreed to allow his court-
appointed counsel to continue to represent him,” even after he
made unequivocal request to represent himself); see also Brown v.
Wainwright, 665 F.2d 607, 611 (5th Cir. 1982) (“Even if defendant
requests to represent himself, however, the right may be waived
through defendant’s subsequent conduct indicating he is
vacillating on the issue or has abandoned his request altogether.”);
Raulerson v. Wainwright, 732 F.2d 803, 809 (11th Cir. 1984)
(holding that even if defendant had originally made “a clear and
unequivocal demand to represent himself, his agreement to
proceed with the assistance of an attorney waived that original
request until he reasserted it”).
RAY, C.J., and ROWE and TANENBAUM, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Kathleen Stover, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Tabitha Herrera, Assistant
Attorney General, Tallahassee, for Appellee.
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