final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Nineteenth Judicial Circuit,
Martin County; Lawrence Michael Mirman, Judge; L.T. Case No.
Haughwout, Public Defender, and Ian Seldin, Assistant Public
Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Marc B.
Hernandez, Assistant Attorney General, West Palm Beach, for
defendant appeals his conviction of (1) possession of
hydromorphone and (2) possession of drug paraphernalia. He
argues the trial court abused its discretion by failing to
question him about the circumstances surrounding his request
for private counsel and failing to make requisite findings
supporting the denial of his request. We disagree and affirm.
State charged the defendant with possession of hydromorphone
and possession of drug paraphernalia. At his first hearing,
he was appointed a public defender, waived speedy trial, and
moved for a continuance. The court granted the motion, and
two subsequent defense motions for continuance.
matter proceeded to trial. Just before jury selection,
defense counsel announced he was ready for trial, but advised
the court that the defendant "indicated to me this
morning that he wished to hire private counsel, uh, so
that's-that's where we stand. But I am ready if
necessary." Defense counsel told the court that he knew
the defendant "wanted to hire private counsel."
THE DEFENDANT: Your Honor, I just wanted a new fresh set of
eyes to look at my situation that I have.
THE COURT: Your case is 217 days old, that's the problem.
THE DEFENDANT: I spoke to a couple of attorneys over the last
couple of weeks -
THE COURT: Yeah.
THE DEFENDANT: And they said that they would do their best to
get in and get everything taken care of as rapidly as
possible. They said that -
THE COURT: The Florida Supreme Court on felonies still has it
in their mind that I'm supposed to resolve all of them
within six months and you're beyond that, so you're
well beyond where the case should be at this time, so
we're ready to try the case. We'll be picking a jury
this morning and trying the case tomorrow. All right, ...