SOLTIS v. STATE (2019)

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 Nelson ¹ 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 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.

FOOTNOTES

1.   Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973).

Damoorgian, J.

Conner and Forst, JJ., concur.