JAMES HODGES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Hodges appeals his convictions for burglary and grand theft, contending the trial court failed to conduct an adequate inquiry into his request to discharge his court-appointed attorney. The Fifth District Court of Appeal agreed, finding the trial court's summary denial violated the Nelson standard requiring independent investigation of ineffective assistance claims.
The trial court failed to comply with the Nelson standard by summarily denying the request without conducting an independent inquiry into whether there was reasonable cause to believe the attorney's representation was ineffective. A proper Nelson inquiry requires the trial court to investigate the defendant's claims before ruling.
[1] A trial court must conduct an independent inquiry into the effectiveness of court-appointed counsel when a defendant alleges ineffective assistance and requests new couns…
[2] If a trial court finds reasonable cause to believe court-appointed counsel is ineffective, it must make specific findings and appoint substitute counsel.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under Nelson, once a defendant requests the trial court to discharge his court-appointed attorney because the attorney's representation is allegedly ineffective, the trial court is required to make an independent inquiry into whether there is reasonable cause to believe that the attorney is not providing effective assistance to the defendant.”
Establishes the core requirement of the Nelson standard for handling requests to discharge counsel
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Join FLexlaw to unlock all legal intelligenceHodges was convicted by jury of burglary of a dwelling and grand theft. Prior to trial, Hodges requested that the trial court discharge his court-appo…
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PER CURIAM.
James Hodges (defendant) appeals his judgments and sentences which were entered by the trial court after a jury found him guilty of committing the offenses of .burglary of a dwelling and grand theft ,1 He contends that he is entitled to receive a new trial because the trial court failed to conduct an adequate Nelson2 inquiry. We agree and therefore reverse.
This court recently explained:
Under Nelson, once a defendant requests the trial court to discharge his court-appointed attorney because the attorney’s representation is allegedly ineffective, the trial court is required to make an independent inquiry into whether there is reasonable cause to believe that the attorney is not providing effective assistance to the defendant. Nelson v. State, 274 So. 2d 256, 258-59 (Fla. 4th DCA 1973). If the court determines that there is a reasonable basis to conclude that the representation being provided by court-appointed counsel is ineffective, the trial court should make specific findings supporting that conclusion and appoint substitute counsel. Id. However, if there is no reasonable basis to believe that the attorney’s representation is ineffective, the trial court must deny the request stating the reasons for the ruling on the record. Id.
Gaines v. State, 706 So. 2d 47, 49 (Fla. 5th DCA 1998). See also 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). The purpose of a Nelson inquiry is to determine “if the appointed counsel is performing adequately and if not, to replace such counsel.” Denson v. State, 689 So. 2d 1274, 1275 (Fla. 5th DCA 1997).
Here, prior to trial, the defendant requested that the trial court discharge his court-appointed attorney, claiming that counsel was not operating in the defendant’s “best interests” and that defense counsel had failed to contact witnesses. The trial court summarily denied the defendant’s request, stating in a conclusory fashion, “You’ve got an attorney that’s competent.” The court did not conduct any inquiry of defense counsel regarding the defendant’s claims before entering its ruling. This procedure was improper and in derogation of the law under Nelson. 274 So. 2d at 258.
Accordingly, we are constrained to reverse the defendant’s judgments and sentences and remand this matter for a new trial.
REVERSED and REMANDED.
GRIFFIN, C.J., THOMPSON, and ANTOON, JJ., concur. . §§ 810.02, 812.014, Fla.Stat. (1995).
. Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973).
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Hodges v. State, 780 So. 2d 967 (Fla. 5th DCA 2001)…concurrent sixty day sentence on the petit theft charge. He was awarded sixty days credit on the petit theft charge thereby fully satisfying that sentence. On appeal, this court reversed and remanded the matter for a new trial. See Hodges v. State, 727 So. 2d 1008 (Fla. 5th DCA 1999). On retrial, Hodges was again convicted of both charges and was resentenced to fifteen years in prison as an habitual offender on the burglary charge with a sixty day consecutive sentence for the. petit theft charge. Having rev…
Authorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Watts v. State, 593 So. 2d 198 (Fla. 1992)
- Stanley v. Lockhart, 505 U.S. 1210 (U.S. 1992)
- Weimer v. Liebner, 505 U.S. 1210 (U.S. 1992)
- Gaines v. State, 706 So. 2d 47 (Fla. 5th DCA 1998)
- Denson v. State, 689 So. 2d 1274 (Fla. 5th DCA 1997)