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769 So. 2d 493

Sheffield v. State

District Court of Appeal of Florida

Decided October 18, 2000

District Court of Appeal of Florida · decided 2000-10-18

Cited by 5 later decisions — most recently May 2019

5 state decisions

Key passage — most relied on by later courts

“Prior to trial, appellant filed a handwritten motion to discharge the assistant public defender who was representing him. However, he never called the motion to the court’s attention. He never asked for a hearing on the motion. He proceeded to trial with the same public defender, without voicing any objection to the trial court. Under these circumstances, appellant waived his right to have the trial court conduct a hearing under Nelson v. State, 274 So.2d 256, 259 (Fla. 4th DCA 1973). See Kinzie v. State, 696 So.2d 530, 530-31 (Fla. 4th DCA 1997).”

quoted by 1 later decision, including 126 So. 3d 1086 - Tomas v. State

Relies on 274 So. 2d 256 - Nelson v. State · 403 So. 2d 349 - Ensor v. State · 747 So. 2d 368 - Dorelus v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-10-18

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm appellant’s convictions for possession of cocaine, possession of a concealed weapon, possession of drug paraphernalia, and resisting arrest with violence.

¶2Prior to trial, appellant filed a handwritten motion to discharge the assistant public defender who was representing him. However, he never called the motion to the court’s attention. He never asked for a hearing on the motion. He proceeded to trial with the same public defender, without voicing any objection to the trial court. Under these circumstances, appellant waived his right to have the trial court conduct a hearing under Nelson v. State, 274 So.2d 256, 259 (Fla. 4th DCA 1973). See Kinzie v. State, 696 So.2d 530, 530-31 (Fla. 4th DCA 1997).

¶3On the remaining issues raised, we find no error. See Dorelus v. State, 747 So.2d 368 (Fla.1999); Ensor v. State, 403 So.2d 349, 353 (Fla.1981), clarified in Dorelus, 747 So.2d at 371-73; Gordon v. State, 639 So.2d 188 (Fla. 4th DCA 1994).

KLEIN, SHAHOOD and GROSS, JJ., concur.
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