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MAXWELL v. STATE

No. 2D03-3458.

892 So.2d 1100 (2004)

Tony MAXWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 5, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

After representing himself in a jury trial, Tony Maxwell was convicted of possession of cocaine and sale of cocaine and was sentenced to three years in prison. Because the trial court failed to make a preliminary inquiry pursuant to Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973), before discharging court-appointed counsel and permitting Maxwell to represent himself, we reverse.

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