Tarver v. State

SLEET, Judge.

Leroy Jonathan Tarver appeals his convictions and sentences following a jury trial. Tarver raises two issues on appeal. We affirm his convictions and the second issue without further comment; however because the trial court applied the wrong standard when it denied Tarver’s request to proceed to the sentencing hearing pro se, we reverse and remand for the trial court to vacate Tarver’s sentences and to conduct another sentencing hearing.

Tarver filed two motions for a Nelson 1 hearing prior to trial. Both motions were heard and the trial court ultimately determined that counsel’s…