LUIS LAZARO CAMEJO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court properly conducted a Nelson inquiry because the defendant failed to provide a legal basis for discharging counsel, thus not demonstrating ineffective assistance.
The defendant was convicted of selling cocaine and appealed, arguing the Nelson hearing regarding his court-appointed counsel was inadequate. The tria…
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Luis Lazaro Camejo appeals his conviction and sentence after a jury found him guilty of the sale of cocaine. On appeal, Camejo argues that his conviction and sentence should be reversed and a new trial granted because the Nelson1 hearing conducted by the trial court was not adequate. We disagree and affirm.
We review for abuse of discretion whether a trial court conducted a proper Nelson inquiry. Maxwell v. State, 892 So.2d 1100, 1102 (Fla. 2d DCA 2004). A Nelson inquiry is appropriate when a defendant expresses a desire to discharge court-appointed counsel before trial. Id. When these circumstances arise, the trial court must determine “if there is reasonable cause to believe that court-appointed counsel is not rendering effective assistance.” Id. If the defendant’s complaints do not indicate ineffective assistance of counsel, then no further inquiry is required. Id.
After a thorough review of the record and transcript of the Nelson hearing at issue on appeal, we agree with the trial court’s conclusion that Camejo failed to offer any legal basis as to why his counsel should be discharged. Because Camejo’s claims do not demonstrate ineffective assistance of counsel, we conclude that the trial court conducted a proper Nelson inquiry.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Maxwell v. State, 892 So. 2d 1100 (Fla. 2d DCA 2004)