Nelson v. State, No. 71--1008

CourtCourt of Appeal of Florida (US)
Writing for the CourtREED
Citation274 So.2d 256
PartiesWilliam Arthur NELSON, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 71--1008
Decision Date28 February 1973

Page 256

274 So.2d 256
William Arthur NELSON, Appellant,
v.
STATE of Florida, Appellee.
No. 71--1008.
District Court of Appeal of Florida, Fourth District.
Feb. 28, 1973.
Rehearing Denied March 29, 1973.

Page 257

Walter N. Colbath, Jr., Public Defender, and Carl V. M. Coffin, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.

REED, Chief Judge.

This is an appeal from an order of the Criminal Court of Record for Orange County, Florida, denying without an evidentiary hearing a motion to vacate a

Page 258

judgment and sentence filed by the defendant pursuant to Rule 3.850 CrPR, 33 F.S.A.

The appellant had been charged with the robbery of one Robert Fleming on 5 February 1970. Appellant pled not guilty. He was convicted by a jury and sentenced to 25 years in prison. On 6 April 1971 the appellant filed the motion to vacate. The motion alleged that although the appellant, an indigent, had court appointed counsel at the time of arraignment, he only saw counsel on one occasion. The motion avers that the appointed counsel was a personal friend of the robbery victim. Appointed counsel allegedly suggested that the appellant plead guilty. The motion further states that after appellant refused to plead guilty, appellant asked the trial judge prior to the commencement of trial to dismiss appointed counsel. The trial judge complied with the request to dismiss appointed counsel, but refused appellant's request to appoint a successor. As a consequence, the defendant was required to stand trial without the assistance of counsel.

The trial court's order on the motion to vacate indicates that the court in passing on the motion referred to certain notes of the court reporter which were made at the time the appellant moved the court to discharge his court appointed attorney. Apparently from these notes, which are not in the record before us, the trial judge made the following findings:

'1) That Defendant was not tried against his will without representation on November 10, 1970.

2) That Defendant was not sentenced against his will without representation on February 10, 1971.

3) That on the occasion of Defendant's trial on November 10, 1970 after being advised by the Trial Judge that he would have to proceed to trial without counsel if he persisted in his demand that court appointed counsel withdraw, Defendant did so persist and the trial...

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440 practice notes
  • Sanders v. Sec'y, Dep't of Corr., Case No. 8:09-cv-2509-T-23TGW
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 27, 2013
    ...He serves a consecutive thirty-year sentence for each attempted robbery conviction. (Respondent's Exhibit 1) 5. Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). 6. Faretta v. California, 422 U.S. 806 (1975). 7. Sanders asserts no federal constitutional claim in either his direct appeal ......
  • Mulligan v. Sec'y, Case No. 3:16-cv-1006-J-34JBT
    • United States
    • U.S. District Court — Middle District of Florida
    • February 13, 2019
    ...number assigned by the Court's electronic docketing system. 3. Anders v. State of California, 386 U.S. 738 (1967). 4. Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). 5. Faretta v. California, 422 U.S. 806 (1975). 6. The Eleventh Circuit has described the interaction between § 2254(d)(2......
  • Cannon v. Jones, Case No. 3:15cv213/MCR/CJK
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • February 7, 2017
    ...representation by counsel. (Ex. H2). Petitioner also filed a pro se Motion to Appoint Substitute Counsel pursuant to Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973), citing Mr. Russell's refusal to file "both defendant's motion to dismiss and motion to suppress as being without legal me......
  • Holland v. Florida, No. 09–5327.
    • United States
    • United States Supreme Court
    • June 14, 2010
    ...requested that Collins be replaced by new counsel. App. 149–163. The motion also asked for a hearing pursuant to Nelson v. State, 274 So.2d 256, 259 (Fla.App.1973), to show Collins's poor performance, App. 149–150, but that did not amount to a request to proceed pro se. Nelson held that a d......
  • Request a trial to view additional results
440 cases
  • Sanders v. Sec'y, Dep't of Corr., Case No. 8:09-cv-2509-T-23TGW
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 27, 2013
    ...He serves a consecutive thirty-year sentence for each attempted robbery conviction. (Respondent's Exhibit 1) 5. Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). 6. Faretta v. California, 422 U.S. 806 (1975). 7. Sanders asserts no federal constitutional claim in either his direct appeal ......
  • Mulligan v. Sec'y, Case No. 3:16-cv-1006-J-34JBT
    • United States
    • U.S. District Court — Middle District of Florida
    • February 13, 2019
    ...number assigned by the Court's electronic docketing system. 3. Anders v. State of California, 386 U.S. 738 (1967). 4. Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). 5. Faretta v. California, 422 U.S. 806 (1975). 6. The Eleventh Circuit has described the interaction between § 2254(d)(2......
  • Cannon v. Jones, Case No. 3:15cv213/MCR/CJK
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • February 7, 2017
    ...representation by counsel. (Ex. H2). Petitioner also filed a pro se Motion to Appoint Substitute Counsel pursuant to Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973), citing Mr. Russell's refusal to file "both defendant's motion to dismiss and motion to suppress as being without legal me......
  • Holland v. Florida, No. 09–5327.
    • United States
    • United States Supreme Court
    • June 14, 2010
    ...requested that Collins be replaced by new counsel. App. 149–163. The motion also asked for a hearing pursuant to Nelson v. State, 274 So.2d 256, 259 (Fla.App.1973), to show Collins's poor performance, App. 149–150, but that did not amount to a request to proceed pro se. Nelson held that a d......
  • Request a trial to view additional results

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