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BUSH v. STATE

No. 95-3282.

690 So.2d 746 (1997)

Michael BUSH a/k/a Jack Bush, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 4, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley and Wesley Heidt, Assistant Attorneys General, Daytona Beach, for Appellee.

COBB, Judge.

The issue on this appeal is whether or not the defendant below, Michael Bush, was improperly denied the right to represent himself in his sexual battery trial after specifically asking to do so. Pursuant to the provisions of Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), we find that he was.

Three days prior to trial, Bush's appointed counsel filed a motion for a "Nelson" hearing...

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