Legal Opinion

Penn v. State

District Court of Appeal of Florida

Decided January 14, 2011No. 2D07-4907PublishedCited by 5 opinions

1Opinion of the Court

ALTENBERND, Judge.

Lathesia Penn appeals her judgment of conviction for third-degree grand theft and the resulting thirty-eight month term of probation. She raises five issues on appeal. We address only one issue: Ms. Penn is entitled to a new trial because the court did not conduct a preliminary Nelson inquiry after hearing that Ms. Penn wanted to discharge her lawyer. See Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973). 1

In November 2006, Ms. Penn allegedly convinced a man that she was a licensed accountant and could help him start a trucking business and resolve some tax issues necessary…

2Cases cited5 opinions

  1. Nelson v. StateDistrict Court of Appeal of Florida · 1973
  2. Morrison v. StateSupreme Court of Florida · 2002
  3. Maxwell v. StateDistrict Court of Appeal of Florida · 2004
  4. Torres v. StateDistrict Court of Appeal of Florida · 2010
  5. Tucker v. StateDistrict Court of Appeal of Florida · 2000

3Cited by5 opinions

  1. Finfrock v. StateDistrict Court of Appeal of Florida · 2012
  2. Tomas v. StateDistrict Court of Appeal of Florida · 2012
  3. Jones v. StateDistrict Court of Appeal of Florida · 2011
  4. Crosby v. StateDistrict Court of Appeal of Florida · 2013
  5. Jones v. StateDistrict Court of Appeal of Florida · 2011

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