¶1The appellant challenges convictions for burglary and grand theft, which were obtained upon a trial held after the appellant requested that his court-appointed counsel be discharged. The appellant expressed dissatisfaction with counsel’s representation, and asked for other counsel. Despite the appellant having filed a motion for such discharge, and again raising the issue immediately before jury selection, the court did not conduct the inquiry required under Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973). See also Hardwick v. State, 521 So.2d 1071 (Fla.1988), cert. denied, 488 U.S. 871, 109 S.Ct. 185, 102 L.Ed.2d 154 (1988). Due to the absence of a proper Nelsoninquiry, the appellant’s convictions are reversed and the case is remanded.
912 So. 2d 678
Bluntson v. State
District Court of Appeal of Florida
Decided October 17, 2005
District Court of Appeal of Florida · decided 2005-10-17
Relies on MacArthur Co. v. Johns-Manville Corp. · Thompson v. Louisiana · 274 So. 2d 256 - Nelson v. State
Decided 2005-10-17