MARSHALL v. STATE

No. 92-04706.

665 So.2d 307 (1995)

John E. MARSHALL, a/k/a John Edward Gavin, a/k/a Christopher Williams, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1995.


Attorney(s) appearing for the Case

Peter N. Macaluso, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

In these two cases consolidated below, appellant challenges the voluntariness of his plea, the court's failure to dismiss trial court case number 89-15372, and the sentence imposed in both cases. Because we conclude that the Nelson1 inquiry was insufficient to establish the voluntariness of appellant's waiver of counsel, we reverse. Given the fact that appellant's guilty plea was uncounseled and that...

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