Florida District Courts of Appeal, 2010

Gordon v. State

Gordon v. State
Florida District Courts of Appeal · Decided December 3, 2010 · Benton, Nortwick, Wetherell
48 So. 3d 1021; 2010 Fla. App. LEXIS 18360; 2010 WL 4909638 (Southern Reporter, Third Series)

Gordon v. State

Opinion of the Court

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.

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