Legal Opinion

Nash v. State

District Court of Appeal of Florida

Decided February 11, 2011No. 2D09-3825PublishedCited by 3 opinions

1Opinion of the Court

KHOUZAM, Judge.

Ernest Jerome Nash appeals his judgments and sentences for trafficking in heroin and conspiracy to traffic in heroin. Because the trial court failed to conduct an adequate hearing pursuant to Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973), we reverse and remand for a new trial.

On the morning that jury selection was to begin, Nash’s court-appointed counsel informed the trial court that Nash wanted to discharge counsel and hire a private attorney. The following ensued:

THE COURT: All right. So Miss Fletcher indicates that you want to hire private counsel?

THE DEFENDANT: Yes,…

2Cases cited5 opinions

  1. Nelson v. StateDistrict Court of Appeal of Florida · 1973
  2. Maxwell v. StateDistrict Court of Appeal of Florida · 2004
  3. Moultrie v. StateDistrict Court of Appeal of Florida · 1996
  4. Burgos v. StateDistrict Court of Appeal of Florida · 1996
  5. Ewing v. StateDistrict Court of Appeal of Florida · 2008

3Cited by3 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 2011
  2. CHRISTOPHER DELANE DANIELS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  3. Jones v. StateDistrict Court of Appeal of Florida · 2011

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