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MILKEY v. STATE

No. 2D08-5423.

16 So.3d 172 (2009)

Joseph Alan MILKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 24, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

In this appeal, we are asked to decide whether the trial court committed reversible error by failing to conduct a Nelson1 inquiry before proceeding with Milkey's revocation hearing. We answer this question in the affirmative and reverse.

Milkey was charged with violation of probation. At the beginning of the revocation of probation hearing, the following exchange took place:

[MILKEY]: Your Honor...

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