Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Tonti KINZIE, Appellant, v. STATE of Florida, Appellee.
Affirmed. Although no Nelson inquiry was conducted on Appellant's motion to discharge counsel, Appellant waived this objection by failing to pursue it or otherwise alert the court that a pro se motion had been filed. See Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973), approved, Hardwick v. State, 521 So.2d 1071 (Fla.1988). In any event, any error is harmless, as the evidence of guilt is overwhelming and Appellant had opportunities to advise the court of his dissatisfaction with counsel, or otherwise raise the issue, but failed to do so. Rather, he proceeded to trial with counsel and without objection, raising it only on appeal after an adverse verdict. See Parker v. State, 570 So.2d 1053 (Fla. 1st DCA 1990); Kott v. State, 518 So.2d 957 (Fla. 1st DCA 1988). Compare Dunn v. State, 640 So.2d 201 (Fla. 4th DCA 1994) (court's failure to rule treated as denial where pro se defendant did everything possible to secure a ruling). We also affirm as to all other issues raised.
PER CURIAM.
STONE, C.J., and WARNER and SHAHOOD, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 96-0489.
Decided: July 09, 1997
Court: District Court of Appeal of Florida,Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)