Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). · Go Syfert
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Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). Cases Citing This Book View Copy Cite
“if no reasonable basis appears for a finding of ineffective representation, the trial court should . . . advise the defendant that if he discharges his original counsel the state may not thereafter be required to appoint a substitute.”
563 citation events (394 in the last 25 years) across 10 distinct courts.
Strongest positive: Milton M. Webb v. State (fladistctapp, 2018-05-07)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Milton M. Webb v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
if no reasonable basis appears for a finding of ineffective representation, the trial court should . . . advise the defendant that if he discharges his original counsel the state may not thereafter be required to appoint a substitute.
cited Cited as authority (rule) State of Florida v. Leo Louis Kaczmar, III & Leo Louis Kaczmar, III v. Secretary, Department of Corrections
Fla. · 2026 · confidence medium
Nelson v. State, 274 So. 2d 256, 258 (Fla. 4th DCA 1973). - 71 - (Fla. 2023).
discussed Cited as authority (rule) Jimmie M. Evans v. State of Florida
Fla. Dist. Ct. App. · 2026 · confidence medium
The trial court denied Evans’ request for a Nelson hearing, correctly noting that a trial court need not conduct a Nelson inquiry where the 1 Faretta v. California, 422 U.S. 806 (1975). 2 In Nelson v. State, 274 So. 2d 256, 258-59 (Fla. 4th DCA 1973), the Fourth District held: [W]here a defendant, before the commencement of trial, makes it appear to the trial judge that he desires to discharge his court appointed counsel, the trial judge, in order to protect the indigent's right to effective counsel, should make an inquiry of the defendant as to the reason for the request to discharge.
discussed Cited as authority (rule) Morgan v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
See Faretta v. California, 422 U.S. 806, 834-35 (1975) (acknowledging the right to self-representation and explaining that the accused must knowingly and intelligently waive his right to court- appointed counsel after being made aware of the dangers and disadvantages of self-representation); Nelson v. State, 274 So. 2d 256, 258-59 (Fla. 4th DCA 1973) (establishing the procedure for discharging appointed counsel for ineffectiveness and substituting new counsel).
discussed Cited as authority (rule) Ayende-Rios v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2023 · confidence medium
Anything else, Mr. Mack, regarding 6 See Nelson v. State, 274 So. 2d 256, 258 (Fla. 4th DCA 1973) (“[W]here a defendant, before the commencement of trial, makes it appear to the trial judge that he desires to discharge his court appointed counsel, the trial judge, in order to protect the indigent’s right to effective counsel, should make an inquiry of the defendant as to the reason for the request to discharge.”). issues raised by Mr. Rios that you would like to offer, sir? [Counsel:] No, sir.
cited Cited as authority (rule) Pedro Antonio Alarcon v. United States
11th Cir. · 2023 · confidence medium
Because the district court seems to have failed to decide Alarcon’s ineffective- assistance-of-counsel claim arising from the Nelson hearing, the 3 Nelson v. State, 274 So. 2d 256, 258 (Fla. Dist.
discussed Cited as authority (rule) Reynaldo Figueroa-Sanabria v. State of Florida
Fla. · 2023 · confidence medium
Nelson v. State, 274 So. 2d 256, 258 (Fla. 4th DCA 1973) (“[W]here a defendant, before the commencement of trial, makes it appear to the trial judge that he desires to discharge his court appointed counsel, the trial judge, in order to protect the indigent’s right to effective counsel, should make an inquiry of the defendant as to the reason for the request to discharge.”). - 24 - concerns about his relationship with Figueroa-Sanabria.
discussed Cited as authority (rule) Scott v. Florida Department of Corrections
S.D. Fla. · 2023 · confidence medium
Although Petitioner mentions the Sixth and Fourteenth Amendments, the right to a hearing under Florida law pursuant to Nelson v. State, 274 So. 2d 256, 257 (Fla. 4d DCA 1973), is actually a state law issue precluded on federal habeas review.
discussed Cited as authority (rule) ASHLEY NICOLE MCKENZIE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2020 · confidence medium
And a lot of times in a VOP where you’re on probation, felony supervision and there’s no doubt you’re on felony supervision and you commit a new crime and you’re actually sentenced on the new crime and the State has a certified copy of the conviction, which occurred after you were placed on 1 Nelson v. State, 274 So. 2d 256, 259 (Fla. 4th DCA 1973). 2 probation, you’ve essentially dealt them a royal flush and you dealt Miss Hogan two pair and you’re saying Miss Hogan should be bluffing more or Miss Hogan should be . . . putting in more chips.
discussed Cited as authority (rule) Arthur Slinger v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), approved by Hardwick v. State, 521 So.2d 1071, 1074-75 (Fla. 1988) (establishing procedure for discharging appointed counsel for ineffectiveness and substituting new counsel). 4 .We are sympathetic to the challenges trial courts face in ruling on inarticulate motions from inexperienced litigants without the benefit of hindsight.
discussed Cited as authority (rule) Albert Holland, Jr. v. State of FLorida
11th Cir. · 2014 · confidence medium
Under Florida law, when a defendant seeks to discharge court-appointed counsel before trial on account of ineffectiveness, "the trial judge should make a sufficient inquiry of the defendant and his appointed counsel to determine whether or not there is reasonable cause to believe that the court appointed counsel is not rendering effective assistance to the defendant.” Nelson v. State, 274 So.2d 256, 258-59 (Fla.Dist.Ct.App.1973). 2 .
discussed Cited as authority (rule) Paul A. Howell v. Secretary, Florida Department of COrrections (2×)
11th Cir. · 2013 · confidence medium
The trial court held a hearing “to determine whether or not there [was] reasonable cause to believe that [Mr. Sheffield was] not rendering effective assistance to [Mr. Howell].” Nelson v. State, 274 So.2d 256, 258 (Fla.App.1973) (recommending such an inquiry whenever a defendant makes it known that he or she desires to discharge appointed counsel).
discussed Cited as authority (rule) Paul A. Howell v. Secretary, Florida Department of Corrections
11th Cir. · 2013 · confidence medium
The trial court held a hearing “to determine whether or not there [was] reasonable cause to believe that [Mr. Sheffield was] not rendering effective assistance to [Mr. Howell].” Nelson v. State, 274 So. 2d 256, 258 (Fla. 1973) (recommending such an inquiry whenever a defendant makes it known that he or she desires to discharge appointed counsel).
cited Cited as authority (rule) Tomas v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
Under these circumstances, appellant waived his right to have the trial court conduct a hearing under Nelson v. State, 274 So.2d 256, 259 (Fla. 4th DCA 1973).
cited Cited as authority (rule) Nash v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
Nelson, 274 So.2d at 258-59 (emphasis added).
discussed Cited as authority (rule) Holland v. Florida (2×)
SCOTUS · 2010 · confidence medium
The motion also asked for a hearing pursuant to Nelson v. State, 274 So. 2d 256, 259 (Fla. App. 1973), to show Collins’s poor performance, App. 149-150, but that did not amount to a request to proceed pro se.
discussed Cited as authority (rule) Holland v. Florida
SCOTUS · 2010 · confidence medium
The motion also asked for a hearing pursuant to Nelson v. State, 274 So.2d 256, 259 (Fla. App. 1973), to show Collins’s poor performance, App. 149-150, but that did not amount to a request to proceed pro se.
discussed Cited as authority (rule) LeGrand v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
When a defendant seeks to discharge court-appointed counsel before trial, claiming that counsel is ineffective, “the trial judge should make a sufficient inquiry of the defendant and his appointed counsel to determine whether or not there is reasonable cause to believe that the court appointed counsel is not rendering effective assistance to the defendant.” Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973).
examined Cited as authority (rule) McKenzie v. State (4×) also: Cited "see"
Fla. · 2010 · confidence medium
Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973).
discussed Cited as authority (rule) In Re Amended Cert. of Need for Addn'l Judges
Fla. · 2008 · confidence medium
Ostrom et al., Florida Delphi-Based Weighted Caseload Project Final Report 75 (2000), available at http://www.floridasupreme court.org/pub — info/highprofile/DelphiFull Report.pdf. [4] See Supreme Court of Florida, Commission on Trial Court Performance and Accountability, Judicial Resource Study Final Report, Measuring the Workload of Trial Court Judges, General Magistrates and Hearing Officers (2007), available at http://www.flcourts.org/ gen — public/pubs/committee — reports.shtml, for a complete discussion of the methodology used. [5] Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA …
discussed Cited as authority (rule) In Re Certification of Need for Additional Judges
Fla. · 2008 · confidence medium
Ostrom et al., Florida Delphi-Based Weighted Caseload Project Final Report 75 (2000), available at http://www.floridasupreme court.org/pub info/highprofile/DelphiFullRe-port.pdf. [4] See Supreme Court of Florida, Commission on Trial Court Performance and Accountability, Judicial Resource Study Final Report, Measuring the Workload of Trial Court Judges, General Magistrates and Hearing Officers (2007), available at http://www.ficourts.org/ gen—public/pubs/commiztee—reports.shtml, for a complete discussion of the methodology used. [5] Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973) (…
discussed Cited as authority (rule) Blake v. State (2×)
Fla. · 2007 · confidence medium
Instead, he argues that Nelson v. State, 274 So.2d 256, 259 (Fla. 4th DCA 1973), cited with approval in Hardwick v. State, 521 So.2d 1071, 1074-75 (Fla.1988), required the trial court, after denying the motion, to inform the defendant of his right to self-representation.
discussed Cited as authority (rule) Goldsmith v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
The State asserts that Goldsmith failed to initially ask to represent himself and failed to allege that Simeoni's representation was inadequate, thereby precluding the need for a Nelson inquiry—that is, an inquiry concerning "whether or not there is reasonable cause to believe that the court appointed counsel is not rendering effective assistance to the defendant." Nelson v. State, 274 So.2d 256, 259 (Fla. 4th DCA 1973).
cited Cited as authority (rule) Sweat v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
Nelson v. State, 274 So.2d 256, 258-259 (Fla. 4th DCA 1973).
cited Cited as authority (rule) Hernandez-Alberto v. State
Fla. · 2004 · confidence medium
Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973).
cited Cited as authority (rule) Frazier v. State
Fla. Dist. Ct. App. · 2004 · confidence medium
NOTES [1] See Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973). [2] See Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975).
discussed Cited as authority (rule) Logan v. State
Fla. · 2003 · confidence medium
The Fourth District Court of Appeal in Graves v. State, 642 So.2d 142, 143-44 (Fla. 4th DCA 1994), explained why this limited exception to the "nullity" rule was necessary to effectuate the holding in Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), approved of in Hardwick v. State, 521 So.2d 1071, 1074 (Fla. 1988).
cited Cited as authority (rule) State v. Davlin
Neb. Ct. App. · 2002 · confidence medium
Nelson v. State, 274 So. 2d 256, 258-59 (Fla. App. 1973).
discussed Cited as authority (rule) Mora v. State
Fla. · 2002 · confidence medium
Dr. Spencer indicated that he felt comfortable with his conclusion that Mora was competent based on these additional observations. [12] As we reverse for a new penalty phase, we need not address Mora's argument that the trial court erred in not holding a competency hearing prior to sentencing even though the trial court had appointed experts for a competency evaluation. [13] The trial court conducted an exhaustive discussion with counsel and Mora consistent with Hardwick v. State, 521 So.2d 1071, 1074-75 (Fla.1988) (adopting the procedure required in Nelson v. State, 274 So.2d 256, 258-59 (Fla…
discussed Cited as authority (rule) Tramontano v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
Appellant complains that the court failed to make “a sufficient inquiry of [appellant] and his appointed counsel to accurately determine whether there was reasonable cause to believe that the court-appointed counsel was or was not rendering effective assistance to Ronnie Tramontano.” In Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), approved by Hardwick v. State, 521 So.2d 1071, 1074-75 (Fla.1988), the court stated that when a defendant indicates a desire to discharge court appointed counsel, the trial court should make an inquiry of the defendant as to the reason for the requ…
cited Cited as authority (rule) Sheffield v. State
Fla. Dist. Ct. App. · 2000 · confidence medium
Under these circumstances, appellant waived his right to have the trial court conduct a hearing under Nelson v. State, 274 So.2d 256, 259 (Fla. 4th DCA 1973).
discussed Cited as authority (rule) Sexton v. State
Fla. · 2000 · confidence medium
Sexton then replied that he wanted the letter placed in the record "for appellate purposes." In Hardwick v. State, 521 So.2d 1071, 1074-75 (Fla.1988), this Court *931 adopted the procedure announced in Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), to be followed when a defendant complains that his or her appointed counsel is incompetent.
cited Cited as authority (rule) Greenwood v. State
Fla. Dist. Ct. App. · 2000 · confidence medium
Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), approved by Hardwick v. State, 521 So.2d 1071, 1074-75 (Fla.1988).
cited Cited as authority (rule) Soto v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973) (citations omitted); see also Graves v. State, 642 So.2d 142, 143 (Fla. 4th DCA 1994).
cited Cited as authority (rule) Hodges v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973).
cited Cited as authority (rule) Greenwood v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
NOTES [1] Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), approved by Hardwick v. State, 521 So.2d 1071, 1074-75 (Fla.1988).
cited Cited as authority (rule) Wyatt v. State
Fla. Dist. Ct. App. · 1998 · signal: cf. · confidence medium
See Dukes v. State, 508 So.2d 455, 456 (Fla. 2d DCA 1987); accord Haugabook v. State, 689 So.2d 1245, 1246 (Fla. 4th DCA 1997); cf. Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1978).
cited Cited as authority (rule) Gaines v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973).
discussed Cited as authority (rule) Gudinas v. State (2×)
Fla. · 1997 · confidence medium
Although Gudinas never specifically claimed that defense counsel was acting in a legally incompetent manner, the trial judge still conducted the inquiry properly and in accord with the procedure this Court approved [11] in Hardwick v. State, 521 So.2d *962 1071, 1074-75 (Fla.) (approving Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973)), cert. denied, 488 U.S. 871 , 109 S.Ct. 185 , 102 L.Ed.2d 154 (1988). [12] Therefore, we do not find fundamental error.
discussed Cited as authority (rule) Mundy v. State
Fla. Dist. Ct. App. · 1996 · confidence medium
In Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), approved in, Hardwick v. State, 521 So.2d 1071 (Fla.1988), the court said: [W]here a defendant, before the commencement of trial, makes it appear to the trial judge that he desires to discharge his court appointed counsel, the trial judge, in order to protect the indigent’s right to effective counsel, should make an inquiry of the defendant as to the reason for the request to discharge.
discussed Cited as authority (rule) Burgos v. State
Fla. Dist. Ct. App. · 1996 · confidence medium
If no reasonable basis appears for a finding of ineffective representation, the trial court should so state on the record and advise the defendant that if he discharges his original counsel the State may not thereafter be required to appoint a substitute. 274 So.2d at 258-59 (emphasis added).
discussed Cited as authority (rule) Horne v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
We agree with appellant that the trial court did not make "a sufficient inquiry of the defendant and his appointed counsel to determine whether or not there is reasonable cause to believe that the court appointed counsel is not rendering effective assistance to the defendant." Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), adopted in Hardwick v. State, 521 So.2d 1071 (Fla. 1988).
cited Cited as authority (rule) Jones v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
Id. at 258-259 (emphasis added).
discussed Cited as authority (rule) Augsberger v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
If no reasonable basis appears for a finding of ineffective representation, the trial court should so state on the record and advise the defendant that if he discharges his original counsel the State may not thereafter be required to appoint a substitute. 274 So.2d at 258-259 (emphasis added).
cited Cited as authority (rule) Weems v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
Nelson v. State, 274 So.2d 256, 259 (Fla. 4th DCA 1973), approved in Hardwick v. State, 521 So.2d at 1074-75 .
discussed Cited as authority (rule) Douglass v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
In Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973), approved in, Hardwick v. State, 521 So.2d 1071 (Fla. 1988), the court said: [W]here a defendant, before the commencement of trial, makes it appear to the trial judge that he desires to discharge his court appointed counsel, the trial judge, in order to protect the indigent's right to effective counsel, should make an inquiry of the defendant as to the reason for the request to discharge.
discussed Cited as authority (rule) Valdes v. State
Fla. · 1993 · confidence medium
If a defendant alleges that his counsel is incompetent and requests that counsel be discharged, the trial court must "make a sufficient inquiry of the defendant and his appointed counsel to determine whether or not there is reasonable cause to believe that the court appointed counsel is not rendering effective assistance to the defendant." Hardwick v. State, 521 So.2d 1071, 1074 (Fla.) (quoting Nelson v. State, 274 So.2d 256, 259 (Fla. 4th DCA 1973)), cert. denied, 488 U.S. 871 , 109 S.Ct. 185 , 102 L.Ed.2d 154 (1988).
discussed Cited as authority (rule) Jones v. State (2×)
Fla. · 1992 · confidence medium
In Hardwick v. State, 521 So.2d 1071 (Fla.), cert. denied, 488 U.S. 871 , 109 S.Ct. 185 , 102 L.Ed.2d 154 (1988), we approved the procedure for dealing with motions to dismiss counsel as set out in Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973): [W]here a defendant, before the commencement of trial, makes it appear to the trial judge that he desires to discharge his court appointed counsel, the trial judge, in order to protect the indigent's right to effective counsel, should make an inquiry of the defendant as to the reason for the request to discharge.
cited Cited as authority (rule) Taylor v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
See Hardwick v. State, 521 So.2d 1071, 1074 (Fla.), cert. denied, 488 U.S. 871 , 109 S.Ct. 185 , 102 L.Ed.2d 154 (1988); Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973).
discussed Cited as authority (rule) Kearse v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
If no reasonable basis appears for a finding of ineffective representation, the trial court should so state on the record and advise the defendant that if he discharges his original counsel the State may not thereafter be required to appoint a substitute." Hardwick v. State, 521 So.2d 1071, 1074-75 (Fla.) (quoting Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1973)), cert. denied, 488 U.S. 871 , 109 S.Ct. 185 , 102 L.Ed.2d 154 (1988).
Retrieving the full opinion text from the archive…
William Arthur NELSON, Appellant,
v.
STATE of Florida, Appellee.
71-1008.
District Court of Appeal of Florida, Fourth District.
Feb 28, 1973.
274 So. 2d 256
Reed.
Cited by 397 opinions  |  Published

[*257] Walter N. Colbath, Jr., Public Defender, and Carl V.M. Coffin, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.

REED, Chief Judge.

This is an appeal from an order of the Criminal Court of Record for Orange County, Florida, denying without an evidentiary hearing a motion to vacate a[*258] judgment and sentence filed by the defendant pursuant to Rule 3.850 CrPR, 33 F.S.A.

The appellant had been charged with the robbery of one Robert Fleming on 5 February 1970. Appellant pled not guilty. He was convicted by a jury and sentenced to 25 years in prison. On 6 April 1971 the appellant filed the motion to vacate. The motion alleged that although the appellant, an indigent, had court appointed counsel at the time of arraignment, he only saw counsel on one occasion. The motion avers that the appointed counsel was a personal friend of the robbery victim. Appointed counsel allegedly suggested that the appellant plead guilty. The motion further states that after appellant refused to plead guilty, appellant asked the trial judge prior to the commencement of trial to dismiss appointed counsel. The trial judge complied with the request to dismiss appointed counsel, but refused appellant's request to appoint a successor. As a consequence, the defendant was required to stand trial without the assistance of counsel.

The trial court's order on the motion to vacate indicates that the court in passing on the motion referred to certain notes of the court reporter which were made at the time the appellant moved the court to discharge his court appointed attorney. Apparently from these notes, which are not in the record before us, the trial judge made the following findings:

"1) That Defendant was not tried against his will without representation on November 10, 1970.
2) That Defendant was not sentenced against his will without representation on February 10, 1971.
3) That on the occasion of Defendant's trial on November 10, 1970 after being advised by the Trial Judge that he would have to proceed to trial without counsel if he persisted in his demand that court appointed counsel withdraw, Defendant did so persist and the trial proceeded.
4) That on the occasion of Defendant's being sentenced on February 10, 1971 his formerly court appointed counsel was present with the Defendant and did participate as counsel of record for Defendant in the sentencing procedure."

On these findings the trial judge denied the motion.

This appeal raises what seems to be a recurring issue — the procedure which the trial court should follow for the purpose of protecting an indigent's Sixth Amendment right to counsel in a criminal prosecution where before the commencement of the trial the Defendant moves to discharge appointed counsel. See Love v. State, 270 So.2d 408, 4 DCA, opinion filed December 12, 1972.

The right of an indigent to appointed counsel includes the right to effective representation by such counsel. Anders v. State, 1967, 386 U.S. 738, 744-745, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493; Chalk v. Beto, 5 Cir.1970, 429 F.2d 225. Although we are not able to formulate any verbal criteria that will define for all situations conduct which measures up to "effective assistance", it may be said with reasonable assurance that the delivery of effective assistance requires the attorney involved to make a reasonable investigation into the facts of the case and to acquaint himself with the law pertinent to the facts. In addition, effective counsel should be free of any influence or prejudice which might substantially impair his ability to render independent legal advice to his indigent client.

It follows from the foregoing that where a defendant, before the commencement of trial, makes it appear to the trial judge that he desires to discharge his court appointed counsel, the trial judge, in order to protect the indigent's right to effective counsel, should make an inquiry of the defendant as to the reason for the request to discharge. If incompetency of[*259] counsel is assigned by the defendant as the reason, or a reason, the trial judge should make a sufficient inquiry of the defendant and his appointed counsel to determine whether or not there is reasonable cause to believe that the court appointed counsel is not rendering effective assistance to the defendant. If reasonable cause for such belief appears, the court should make a finding to that effect on the record and appoint a substitute attorney who should be allowed adequate time to prepare the defense. If no reasonable basis appears for a finding of ineffective representation, the trial court should so state on the record and advise the defendant that if he discharges his original counsel the State may not thereafter be required to appoint a substitute. See Wilder v. State, Fla.App. 1963, 156 So.2d 395, 397. If the defendant continues to demand a dismissal of his court appointed counsel, the trial judge may in his discretion discharge counsel and require the defendant to proceed to trial without representation by court appointed counsel. See Cappetta v. State, Fla.App. 1967, 204 So.2d 913 for principles that should guide the court in the exercise of such discretion.

If the foregoing procedure is followed, the indigent's right to counsel will be protected and a sufficient record will be made to permit a prompt and accurate disposition of post conviction attacks on the judgment. In the present case, it appears from the record before us that the defendant's right to counsel was not adequately protected at the time he moved to discharge court appointed counsel. For that reason we are of the opinion that the motion to vacate should be granted. Accordingly, the order on the motion to vacate is quashed and the cause is remanded to the trial court with instructions to grant the motion to vacate and provide the defendant with a new trial as well as representation by court appointed counsel.

CROSS and OWEN, JJ., concur.