TONTI KINZIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Affirmed. Although no Nelson inquiry was conducted on Appellant’s motion to discharge counsel, Appellant waived this objection by failing to pursue it or otherwise alert the court that a pro se motion had been filed. See Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973), approved, Hardwick v. State, 521 So. 2d 1071 (Fla.1988). In any event, any error is harmless, as the evidence of guilt is overwhelming and Appellant had opportunities to advise the court of his dissatisfaction with counsel, or otherwise raise the issue, but failed to do so. Rather, he proceeded to trial with counsel and without objection, raising it only on appeal after an adverse verdict. See Parker v. State, 570 So. 2d 1053 (Fla. 1st DCA 1990); Kott v. State, 518 So. 2d 957 (Fla. 1st DCA 1988). Compare Dunn v. State, 640 So. 2d 201 (Fla. 4th DCA 1994) (court’s failure to rule treated as denial where pro se defendant did everything possible to secure a ruling). We also affirm as to all other issues raised.
STONE, C.J., and WARNER and SHAHOOD, JJ., concur.
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Moore v. State, 778 So. 2d 1054 (Fla. 4th DCA 2001)…Nevertheless, we cannot ignore that [*1057] Moore failed to renew his motion to discharge in the intervening six months before trial, and/or at any time before trial had ended. Accordingly, we must deem his objections as waived. See Kinzie v. State, 696 So. 2d 530 (Fla. 4th DCA), rev. denied, 705 So. 2d 9 (Fla.1997); Kott v. State, 518 So. 2d 957 (Fla. 1st DCA 1988). As to the other issues raised in this appeal, we affirm as unpersuasive. AFFIRMED. FARMER, JJ., concurs. WARNER, C.J., concurs specially wit…
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Sheffield v. State, 769 So. 2d 493 (Fla. 4th DCA 2000)…e public defender, without voicing any objection to the trial court. Under these circumstances, appellant waived his right to have the trial court conduct a hearing under Nelson v. State, 274 So. 2d 256, 259 (Fla. 4th DCA 1973). See Kinzie v. State, 696 So. 2d 530, 530-31 (Fla. 4th DCA 1997). On the remaining issues raised, we find no error. See Dorelus v. State, 747 So. 2d 368 (Fla.1999); Ensor v. State, 403 So. 2d 349, 353 (Fla.1981), clarified in Dorelus, 747 So. 2d at 371-73; Gordon v. State, 639 So. 2d…
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Flavio Tomas v. State, 126 So. 3d 1086 (Fla. 4th DCA 2012)…e public defender, without voicing any objection to the trial court. Under these circumstances, appellant waived his right to have the trial court conduct a hearing under Nelson v. State, 274 So. 2d 256, 259 (Fla. 4th DCA 1973). See Kinzie v. State, 696 So. 2d 530, 530-31 (Fla. 4th DCA 1997). Id. at 493. Tomas filed a handwritten request for counsel, but never asked for a hearing. He proceeded to trial with the same attorney without voicing any objections to the trial court. Furthermore, the trial court note…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Hardwick v. State, 521 So. 2d 1071 (Fla. 1988)
- Kott v. State, 518 So. 2d 957 (Fla. 1st DCA 1988)
- Parker v. State, 570 So. 2d 1053 (Fla. 1st DCA 1990)
- J.D. Dunn v. State, 640 So. 2d 201 (Fla. 4th DCA 1994)