Finfrock v. State
2012 Fla. App. LEXIS 5170
Fla. Dist. Ct. App.2012Background
- Finfrock was convicted of battery of a staff member at a sexually violent predator detention facility under Fla. Stat. § 784.074 (2009).
- He filed two pro se pretrial motions: a request to appoint conflict-free counsel and a Nelson hearing request alleging multiple grounds to discharge counsel.
- The trial judge summarily dismissed these motions as nullities on the morning of trial because counsel had not adopted them.
- During trial, Finfrock’s counsel informed the court orally that a Nelson hearing issue existed, but the judge did not inquire into the basis for dissatisfaction.
- Finfrock was convicted and sentenced to ten years’ imprisonment as a habitual offender; he timely appealed.
- On appeal, the court held the trial court reversible error for failing to conduct a preliminary Nelson inquiry and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by failing to conduct a Nelson inquiry | Finfrock argued the court failed to inquire into his request to discharge counsel for incompetence. | The State contended no Nelson basis existed and no inquiry was required. | Reversible error; Nelson inquiry required and not conducted. |
Key Cases Cited
- Hardwick v. State, 521 So.2d 1071 (Fla.1988) (established Nelson procedure for pretrial discharge requests)
- McKenzie v. State, 29 So.3d 272 (Fla.2010) (superseded by rule on other grounds)
- Trease v. State, 768 So.2d 1050 (Fla.2000) (grounds discharge must be considered)
- West v. State, 958 So.2d 1156 (Fla.2d DCA 2007) (discharged counsel as exception to nullity rule; requires inquiry)
- Penn v. State, 51 So.3d 622 (Fla.2d DCA 2011) (general dissatisfaction not enough to trigger Nelson unless grounds alleged)
- Logan v. State, 846 So.2d 472 (Fla.2003) (nullity rule for represented defendant’s pro se pleadings; counseling discharge exception)
- Reid v. State, 826 So.2d 414 (Fla.2d DCA 2002) (Nelson framework and reversible error when not conducted)
- Torres v. State, 42 So.3d 910 (Fla.2d DCA 2010) (preliminary Nelson inquiry required when request to discharge is unequivocal)