Milkey v. State

VILLANTI, Judge.

In this appeal, we are asked to decide whether the trial court committed reversible error by failing to conduct a Nelson 1 inquiry before proceeding with Milke/s revocation hearing. We answer this question in the affirmative and reverse.

Milkey was charged with violation of probation. At the beginning of the revocation of probation hearing, the following exchange took place:

[MILKEY]: Your Honor, I’m not really happy with my counsel. Is there anyway—

THE COURT: You can represent yourself if you wish.

[COUNSEL]: He does have Ms. Black on the new charges, and I have spoken with Ms.…