Mosley v. State

ON MOTION FOR REHEARING

We grant the state’s motion for rehearing, withdraw our previous opinion, and replace it with the following.

James W. Mosley appeals his conviction for first degree murder.1 He alleges that, in response to his pre-trial motion to have his court appointed counsel dismissed and new counsel appointed, the lower court failed to conduct a meaningful Nelson inquiry.

Our supreme court reiterated the procedure set forth in Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973), that a court should follow after a defendant asserts that the right to counsel is impaired because court…