Montgomery v. State

DAVIS, Judge.

Dale Montgomery challenges the revocation of his probation and the resulting sentence for his 2004 convictions for lewd or lascivious battery and lewd or lascivious molestation. At the revocation hearing, Montgomery represented himself and was sentenced to two concurrent, ten-year prison terms. Because the trial court failed to conduct adequate Nelson 1 and Faretta 2 hearings prior to allowing Montgomery to discharge counsel and proceed pro se, we reverse.

On October 2, 2007, while represented by counsel, Montgomery filed a verified motion to discharge counsel of record. A hearing…