Mansfield v. State

SILBERMAN, Judge.

Henry Mansfield seeks review of the order revoking his drug offender probation based on a new law violation of sale of a controlled substance. We reverse based on the trial court’s failure to conduct an adequate preliminary Nelson1 inquiry and a competency hearing. While a reversal on these issues renders Mansfield’s vindictive sentence issue moot, the trial court’s treatment of Mansfield based on their prior acquaintance is troubling. We therefore direct that the proceedings on remand be conducted by a different judge.

1. Preliminary Nelson Inquiry

While he was incarcerated…