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Nesmith v. State, Case No. 1D07-5960 (Fla. App. 3/23/2009) (Fla. App., 2009)

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KENNETH NESMITH, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D07-5960. District Court of Appeal of Florida, First District. Opinion filed March 23, 2009. An appeal from the Circuit Court for Duval County. John M. Merrett, Judge. Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Christine A. Guard, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant, Kenneth Nesmith, appeals his judgments and sentences for three counts of sexual battery and one count of battery. He argues two issues on appeal: (1) the trial court erred in failing to conduct a Nelson1 inquiry when he requested discharge of his court-appointed counsel and appointment of substitute counsel; and (2) the trial court erred in refusing to allow him to personally cross-examine the victim after he exercised his right to self-representation...continue to full post

Full post as published by Florida Criminal Law Opinions on March 23, 2009 (boomark / email).