VIRGIL LEE HARRIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Virgil Lee Harris appeals his conviction of multiple criminal charges. The appellate claim is that the trial court failed to conduct an inquiry under Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973), approved, Hardwick v. State, 521 So. 2d 1071 (Fla.1988), after defendant-appellant Harris complained that his appointed counsel was not providing effective representation. Where, as here, a defendant complains during trial that his appointed counsel is ineffective, no Nelson inquiry is required. See Haugabook v. State, 689 So. 2d 1245 (Fla. 4th DCA 1997), and cases cited therein. We need not address the State’s alternative arguments for affirmance on this issue.
Affirmed.
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Barrington Wilson v. State, 753 So. 2d 683 (Fla. 3d DCA 2000)…cision in Dukes v. State, 503 So. 2d 455 (Fla. 2d DCA 1987), and held that a Nelson inquiry need not be conducted when the motion to discharge counsel is made only after the trial has begun. This Court reached the same conclusion in Harris v. State, 747 So. 2d 1070 (Fla. 3d DCA 2000). Regardless of this, in what appears to have been an abundance of caution, the trial court conducted the inquiry. After hearing from both the defendant and his attorney a second time on this same issue, the court again denied the…
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State v. Harris, 129 So. 3d 1166 (Fla. 3d DCA 2014)…5 to a term of fifteen years also as a VCC, with a minimum mandatory term of ten years. Count 2 was to run consecutive to count 1, and counts 3, 4, 5, and 6 to run concurrent with counts 1 and 2. This Court affirmed the sentence in Harris v. State, 747 So. 2d 1070 (Fla. 3d DCA 2000). In 2012, Harris filed a Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. The trial court en [*1168] tered an order granting in part and denying in part Harris’ motion. The trial court granted the m…
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Barnes v. State, 801 So. 2d 989 (Fla. 1st DCA 2001)…plea colloquy as to medication or mental illness. The appellant’s claim is facially sufficient, and is not refuted by these attachments to the order de [*990] nying relief. See Libertelli v. State, 750 So. 2d 138 (Fla. 2d DCA 2000); Payne v. State, 747 So. 2d 1070 (Fla. 1st DCA 2000); Rivera v. State, 746 So. 2d 542 (Fla. 2d DCA 1999). The summary denial of the Rule 3.850 motion is therefore reversed, and the case is remanded. ALLEN, C.J., BOOTH and BENTON, JJ., CONCUR.…
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- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Hardwick v. State, 521 So. 2d 1071 (Fla. 1988)
- Haugabook v. State, 689 So. 2d 1245 (Fla. 4th DCA 1997)