Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JAY NELSON LOCKWOOD, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

We affirm appellant's convictions but remand for resentencing. We agree with appellant that the trial court failed to conduct the proper inquiry after appellant attempted to discharge counsel immediately after trial, but before sentencing. While a defendant is not entitled to any specific outcome, he is entitled to a proper resolution of his motion to discharge counsel, especially here, where his counsel joined in the motion. See Hardwick v. State, 521 So.2d 1071 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 185, 102 L.Ed.2d 154 (1988); Gurchick v. State, 439 So.2d 1002 (Fla. 2d DCA 1983); Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973).

Our remand is without prejudice to appellant's right to seek a new trial on any grounds, that issue necessarily dependent to some extent on the outcome of appellant's effort to discharge trial counsel. We do note, however, that there is no procedural bar to appellant raising claims of ineffective assistant of counsel in a motion for new trial. Cf. Combs v. State, 403 So.2d 418 (Fla. 1981), cert. denied, 456 U.S. 984, 102 S.Ct. 2258, 72 L.Ed.2d 862 (1982).

ANSTEAD, DELL and FARMER, JJ., concur.

Use AI to get other relevant cases.

Comments

LOCKWOOD v. STATE
(Nov 12, 1992)