CLEON GREENWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the appellant's conviction and sentence, finding no error in the trial court's handling of counsel issues or the sentence imposed.
Appellant was convicted and sentenced. He appealed, raising issues regarding his appointed counsel and his sentence.…
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PER CURIAM.
We affirm appellant’s conviction and sentence, finding that the trial court did not err in failing to conduct a proper Nelson 1 inquiry because appellant neither made an unequivocal request to discharge court appointed counsel, nor stated that incompetency was the basis for his unhappiness with counsel. See Woody v. State, 698 So. 2d 391, 391 (Fla. 4th DCA 1997).
Moreover, appellant proceeded to trial with his counsel and made no attempt to dismiss him or request self-representation. See Davis v. State, 703 So. 2d 1055, 1058-59 (Fla.1997), cert. denied, — U.S. -, 118 S.Ct. 2327, 141 L.Ed.2d 701 (1998).
Finally, his claim that the trial court erred in failing to advise him of his right of self-representation after it had found that his appointed counsel was rendering effective representation is without merit, as the supreme court has found no such obligation on the part of the trial court. See Watts v. State, 593 So. 2d 198, 203 (Fla.), cert. denied, 505 U.S. 1210, 112 S.Ct. 3006, 120 L.Ed.2d 881 (1992).
With respect to his sentence, we affirm appellant’s due process challenge to section 921.001(5). See Gardner v. State, 661 So. 2d 1274, 1276 (Fla. 5th DCA 1995). Secondly, we affirm the length of his sentence based on Mays v. State, 23 Fla. L. Weekly S387, 717 So. 2d 515 (Fla. 1998). Although the 'written judgment of sentence does not conform to the oral pronouncement, no motion to correct the sentence was filed. See Fla.R.Crim.P. 3.800(b). The issue is thus not preserved for appeal. See Fla.R.App.P. 9.140(d); Hyden v. State, 23 Fla. L. Weekly D1342, 715 So. 2d 960 (Fla. 4th DCA 1998).
DELL, WARNER and KLEIN, JJ., concur. . Nelson v. State, 274 So. 2d 256, 258-59 (Fla. 4th DCA 1973), approved by Hardwick v. State, 521 So. 2d 1071, 1074-75 (Fla.1988).
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Maddox v. State, 760 So. 2d 89 (Fla. 2000)…Length of Incarceration In a number of cases pending on review, the defendant claims that the written sentence is in error because it conflicts with the trial court’s oral pronouncement of sentence at the sentencing hearing. See Greenwood v. State, 720 So. 2d 548 (Fla. 4th DCA), review granted, 727 So. 2d 905 (Fla.1998) (Case No. 94,142); Thomas v. State, 725 So. 2d 1148 (Fla. 2d DCA 1998), review granted, 729 So. 2d 396 (Fla.1999) (Case No. 94,469). Prior to the Act, this type of error was corrected on appe…1 / 2
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J.D. Dunn, Jr. v. State, 730 So. 2d 309 (Fla. 4th DCA 1999)…witness development, and his lack of contact with Dunn. However, he was not unequivocally seeking his discharge and was not clearly alleging his incompetence. Therefore, the trial court was not required to conduct an inquiry. See Greenwood v. State, 720 So. 2d 548 (Fla. 4th DCA 1998) (finding that the court did not fail to conduct a proper Nelson inquiry where the appellant “neither made an unequivocal request to discharge, nor stated that incompetency was the basis for his unhappiness with counsel.”); Woody…
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Cleon Greenwood v. State, 764 So. 2d 573 (Fla. 2000)…PER CURIAM. We have for review Greenwood v. State, 720 So. 2d 548 (Fla. 4th DCA 1998), a decision of the Fourth District Court of Appeal citing as controlling authority its opinion in Hyden v. State, 715 So. 2d 960 (Fla. 4th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have jurisd…
Authorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Hardwick v. State, 521 So. 2d 1071 (Fla. 1988)
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Toney Deron Davis v. State, 703 So. 2d 1055 (Fla. 1997)
- Watts v. State, 593 So. 2d 198 (Fla. 1992)
- Hyden v. State, 715 So. 2d 960 (Fla. 4th DCA 1998)
- Gardner v. State, 661 So. 2d 1274 (Fla. 5th DCA 1996)
- Stanley v. Lockhart, 505 U.S. 1210 (U.S. 1992)
- Weimer v. Liebner, 505 U.S. 1210 (U.S. 1992)
- Woody v. State, 698 So. 2d 391 (Fla. 4th DCA 1997)