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NASH v. STATE

No. 2D09-3825.

53 So.3d 1208 (2011)

Ernest Jerome NASH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 11, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Richard P. Albertine, Jr. , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard M. Fishkin , Assistant Attorney General, Tampa, for Appellee.

KHOUZAM, Judge.

Ernest Jerome Nash appeals his judgments and sentences for trafficking in heroin and conspiracy to traffic in heroin. Because the trial court failed to conduct an adequate hearing pursuant to Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973), we reverse and remand for a new trial.

On the morning that jury selection was to begin, Nash's court-appointed counsel informed the trial court that Nash...

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