CRUZ V. STATE
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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed April 20, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-1139 Lower Tribunal No. 05-15081 ________________ William Cruz, Appellant, vs. State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge. Carlos J. Martinez, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Forrest L. Andrews, Jr., Assistant Attorney General, for appellee. Before LAGOA and SALTER, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. William Cruz appeals his conviction and sentence for attempted second degree murder. We reverse the conviction on each of two independently-sufficient grounds. First, the attempted voluntary manslaughter instruction, as given to the jury, violates the holding in State v. Montgomery, 39 So. 3d 252 (Fla. 2010). Second, we find that Cruz s second demand to represent himself was unequivocally made, necessitating a Faretta1 hearing. Rodriguez v. State, 982 So. 2d 1272 (Fla. 3d DCA 2008). Because such a hearing was not conducted before the trial court denied Cruz s demand, a reversal on this ground is also required. Reversed and remanded. 1 Faretta v. California, 422 U.S. 806 (1975). 2
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