Nelson v. State

DANAHY, Judge.

The appellant challenges his conviction for felony petit theft and his habitual felony offender sentence. The first issue raised by the appellant requires that we reverse and remand for a new trial.

After the appellant was charged by information with the instant offense in August of 1990, the state filed a notice of intent to have the appellant treated as a habitual felony offender. The public defender was appointed to represent the appellant. Thereafter the public defender filed a motion to withdraw and a hearing was scheduled on that motion. At the hearing, the public defender…