KORY SOLTIS
v.
STATE OF FLORIDA
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Kory Soltis appeals his convictions for aggravated assault with a deadly weapon, resisting arrest with violence, felony battery, and culpable negligence, arguing the trial court erred by failing to conduct a Nelson inquiry after he filed a pro se motion to dismiss his court-appointed counsel. The appellate court affirmed the conviction, holding that Soltis waived his right to a Nelson inquiry by failing to bring his motion to the court's attention and later expressing satisfaction with the same counsel.
The appellate court affirmed the conviction, holding that the defendant waived his right to a Nelson inquiry by failing to bring his pro se motion to the trial court's attention and by expressing satisfaction with the same counsel at his change of plea hearing. The issue was not properly preserved for appellate review.
[1] A defendant who files a pro se motion to dismiss court-appointed counsel but fails to bring the motion to the trial court's attention and thereafter proceeds to enter a p…
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Join FLexlaw to unlock all legal intelligenceSoltis filed a pro se motion to dismiss his court-appointed counsel several months before his plea hearing but took no steps to bring the motion to th…
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DAMOORGIAN, J. Kory Soltis appeals his judgment of guilt and sentence for one count of aggravated assault with a deadly weapon, one count of resisting arrest with violence, one count of felony battery, and one count of culpable negligence. Appellant contends that the trial court erred by failing to make a proper Nelson1 inquiry after he filed a motion to dismiss his court-appointed counsel. We affirm because Appellant failed to preserve the issue for appellate review. Appellant’s convictions were the result of a no contest plea. Several months prior to the date the court considered Appellant’s plea, Appellant filed a pro se motion to dismiss his court-appointed counsel. However, Appellant took no steps to bring his motion to the court’s attention despite having the opportunity to do so. Then, at his change of plea hearing, Appellant expressed his satisfaction with the same court-appointed counsel. Under these circumstances, Appellant waived his right to have 1 Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973).
the trial court conduct a Nelson inquiry. See Hall v. State, 92 So. 3d 223, 225–26 (Fla. 4th DCA 2012) (holding that by failing to bring his pro se motion to dismiss counsel to the court’s attention and proceeding to trial with the same court-appointed counsel without voicing any objection, the defendant failed to preserve the court’s error in failing to conduct a Nelson inquiry); Sheffield v. State, 769 So. 2d 493, 493 (Fla. 4th DCA 2000) (same); Kinzie v. State, 696 So. 2d 530, 530–31 (Fla. 4th DCA 1997) (same). Affirmed. CONNER and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Hall v. State, 92 So. 3d 223 (Fla. 4th DCA 2012)
- Tonti Kinzie v. State, 696 So. 2d 530 (Fla. 4th DCA 1997)
- Sheffield v. State, 769 So. 2d 493 (Fla. 4th DCA 2000)
- Jones v. Kirkland, 769 So. 2d 493 (Fla. 4th DCA 2000)