Gordon v. State

District Court of Appeal of Florida

Gordon v. State

48 So. 3d 1021, 2010 Fla. App. LEXIS 18360, 2010 WL 4909638

District Court of Appeal of Florida·Decided December 3, 2010·No. No. 1D09-5340·Published·Cited by 1 cases

Opinion

PER CURIAM.

John Bush Gordon, Jr., appeals his judgment of conviction and sentence arguing the trial court reversibly erred by denying his request to substitute counsel. Although a defendant’s right to counsel of his choice is not unbridled, see U.S. v. Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006), and Evans v. State, 741 So.2d 1190 (Fla. 4th DCA 1999), under the circumstances here, the trial court abused its discretion in denying the defendant’s right to retain counsel. Accordingly, we reverse the judgment of conviction and vacate the sentence, and remand for further proceedings.

REVERSED and REMANDED.

BENTON, C.J., VAN NORTWICK, and WETHERELL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

John Bush Gordon, Jr., appeals his judgment of conviction and sentence arguing the trial court reversibly erred by denying his request to substitute counsel. Although a defendant’s right to counsel of his choice is not unbridled, see U.S. v. Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006), and Evans v. State, 741 So.2d 1190 (Fla. 4th DCA 1999), under the circumstances here, the trial court abused its discretion in denying the defendant’s right to retain counsel. Accordingly, we reverse the judgment of conviction and vacate the sentence, and remand for further proceedings.

REVERSED and REMANDED.

BENTON, C.J., VAN NORTWICK, and WETHERELL, JJ., concur.

Gordon v. State, 48 So. 3d 1021, 2010 Fla. App. LEXIS 18360, 2010 WL 4909638 (Fla. Ct. App. 2010).

Pincite

48 So. 3d 1021 (Gordon v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related