MARIO THOMAS
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2025-02-19
No. 3D2023-0295
2025 FL 1444 Florida District Court of Appeal, Third District (2025)

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Holding

A trial court does not abuse its discretion in denying a defendant's request for new private counsel when the request is made immediately before trial and appears motivated by delay.


Headnotes

[1] A trial court does not commit reversible error by denying a defendant's request for substitute counsel when made on the eve of trial and in apparent bad faith for purpose…

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Facts & Procedural History

Mario Thomas appealed from multiple convictions in Miami-Dade County, challenging the trial court's denial of his request for substitute private couns…

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Opinion of the Court

PER CURIAM.

Affirmed. See Lelieve v. State, 7 So. 3d 624, 629 (Fla. 3d DCA 2009)

(defendant not entitled to reversal where request for new private counsel was

denied on heels of denial of request for continuance made only for purpose

of delaying trial); Wade v. State, 30 So. 3d 640, 643 (Fla. 4th DCA 2010)

(concluding no “palpable abuse of judicial discretion” shown where defense

had three prior continuances and court was not alerted that defendant

wished to substitute his counsel until morning of trial); see also Hurtado v.

State, 760 So. 2d 279, 280 (Fla. 4th DCA 2000) (trial court did not abuse

discretion in denying request for new counsel on grounds that “[defendant’s]

request was made in bad faith and for the sake of arbitrary delay”).


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