Legal Opinion

Gettis v. State

District Court of Appeal of Florida

Decided February 14, 2005No. 1D03-5350PublishedCited by 1 opinion

1Opinion of the CourtBrowning, J.

Appellant seeks review of his conviction and sentence for armed robbery with a firearm, alleging that the trial court improperly conducted both a Nelson inquiry1 and a Faretta2 inquiry, and improperly restrained Appellant during final argument. We affirm as to the Nelson inquiry, and Appellant’s restraint. See Kenney v. State, 611 So.2d 575 (Fla. 1st DCA 1992); Kearse v. State, 605 So.2d 534, 536 (Fla. 1st DCA 1992). However, because the trial court discharged Appellant’s attorney, relegating Appellant to pro se status without a proper waiver, we reverse and remand for a new trial.

At trial,…

2Cases cited8 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Nelson v. StateDistrict Court of Appeal of Florida · 1973
  3. Hardwick v. StateSupreme Court of Florida · 1988
  4. Kearse v. StateDistrict Court of Appeal of Florida · 1992
  5. Smith v. StateDistrict Court of Appeal of Florida · 1984

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3Cited by1 opinion

  1. GETTIS v. StateDistrict Court of Appeal of Florida · 2007

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