WILLIAM LESLIE LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant failed to preserve issues for appeal regarding testimony admission, the trial court did not err in failing to hold a hearing on a motion to dismiss counsel, and the appellant waived any error regarding the information.
Appellant was found guilty of capital sexual battery by a jury. He appealed the final judgment and sentence, raising three issues.…
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PER CURIAM.
Appellant, William Leslie Lee, appeals from a final judgment and sentence following a jury verdict finding him guilty of capital sexual battery. Appellant raises three issues on appeal: (1) Whether the trial court erred in admitting testimony that the defendant was the victim’s father, (2) whether the trial court erred in failing to hold a hearing on appellant’s pro se motion to dismiss counsel, (3) whether the conviction must be reversed because it was based on one count of an information charging three offenses.
As to issue one, we find that the appellant failed to properly preserve this issue for appeal. See Feller v. State, 637 So. 2d 911 (Fla.1994).
As to issue two, we find that the trial court did not err in failing to conduct an inquiry pursuant to Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973), where a request to dismiss counsel was based upon inadequate communication between counsel and appellant rather than any specific claims of incompetence. See Kenney v. State, 611 So. 2d 575 (Fla. 1st DCA 1992).
As to issue three, we find that the appellant waived any error by failing to timely challenge the information. See Fountain v. State, 623 So. 2d 572 (Fla. 1st DCA 1993), rev. denied, 629 So. 2d 132 (Fla.1993).
AFFIRMED.
ERVIN, WOLF and KAHN, JJ., concur.
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Augsberger v. State, 655 So. 2d 1202 (Fla. 2d DCA 1995)…eover, appellant’s stated basis for dissatisfaction was obviously founded on what he perceived to be inadequate conferences with his attorney which, without a more specific claim of incompetence, does not require a full Nelson inquiry. Lee v. State, 641 So. 2d 164 (Fla. 1st DCA 1994); Kenney v. State, 611 So. 2d 575 (Fla. 1st DCA 1992). [*1205] Just as important to our analysis is the critical factor that appellant never made a request for replacement of counsel with another court-appointed counsel, which is…
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Barrington Wilson v. State, 753 So. 2d 683 (Fla. 3d DCA 2000)…in this context, we note that a complaint based on inadequate conferences with counsel, without a more specific claim of incompetence, does not require a full Nelson inquiry. See Augsberger v. State, 655 So. 2d 1202 (Fla. 2d DCA 1995); Lee v. State, 641 So. 2d 164 (Fla. 1st DCA 1994); Kenney v. State, 611 So. 2d 575 (Fla. 1st DCA 1992); Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). . The evidence against the defendant was considerable. The attending physician at the rape treatment center testified tha…
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LEE v. State, 677 So. 2d 312 (Fla. 1st DCA 1996)…m Leslie Lee appeals the trial court’s summary denial of his motion pursuant to Florida Rule of Criminal Procedure 3.850, which seeks to set aside his conviction for capital sexual battery. The conviction was affirmed on direct appeal. Lee v. State, 641 So. 2d 164 (Fla. 1st DCA 1994). We conclude that points I, V-VIII, IX, X, and XII-XIV might have been raised on direct appeal or are otherwise without merit and affirm the denial of relief as to those alleged errors. We find allegations under points II-IV and…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Gov't Emps. Ins. Co. v. Jenkins, 637 So. 2d 911 (Fla. 1994)
- Kenney v. State, 611 So. 2d 575 (Fla. 1st DCA 1992)
- Ozzievelt Fountain v. State, 623 So. 2d 572 (Fla. 1st DCA 1993)