IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT INAND FOR LEE COUNTY FLORIDA
STATE OF FLORIDA
Plaintiff,
vs.
RANIDALROSADO,
Defendant.
CASE NO.: l6-000275CF
REOUEST FOR NELSON INOUIRY FOR CONFLICTED AI\D INEFFECTIVE COUNSEL
COMES NOW, the Defendant. Randal Rosado. pursuant to 14. Fla. Jur 2d Criminal Law 548 and
Florida Statute 27.5303(2) to request this court conduct an inquiry to determine whether a conflict
exists between Defendant and court-appointed counsel.
l. On January 23, 2017, this couft entered an order appointing Sebouh Gourjian as conflict
counsel to represent the Defendant. Based on the court’s order, the address and phone number of said
attorney is 2069 First St. Suite 202, Fort Myers, FL 33901 ; Phone: 239-243-0489.
2. The Defendant and Attorney Gourjian have had numerous confrontational disagreements, in
which the attomey has insulted the Defendant’s marriage, called him insulting names. and on multiple
occasions has threatened to deliberately cause him harm through his representation and the outcome of
this case.
3. The Defendant has discovered that his couft-appointed counsel was affiliated u,ith the co
defendant’s counsel, Steven Smith, in that they share a business address and phone number, and have a
business and personal relationship.
4. According to Florida Statute 27.5303(2). “The appointed private attorney may not be affiliated
with any other private attorney appointed to represent a codefendant.” 5. The Defendant has brought the matter to the attention of his court-appointed attorney many
times, in addition to addressing the personal attacks and threat made against him. The Defendant also
filed a complaint with The Florida Bar Association with file no.20l7-10,758(20 B). 6. When a criminal defendant seeks to discharge his court-appointed counsel, the court should
conduct a Nelson inquiry to determine whether there is cause to believe that counsel is not rendering
effecrive assistance. U.S.C.A. Const. Amend. 6 Miller v State, 921 So 2d 816 (Fla. Dist. Ct. App 5th
Dist.2006)
7. The accused is entitled, upon showing ofreasonable cause to believe that counsel is not
rendering effective assistance, to have another counsel appointed in the place ofa court-appointed
counsel who is shown to be unfit ro serve. Nelson v State,274 So. 2d 256 (Fla. Dist. Ct. App.4th Dist.
1973)
CERTIFICATE OF SER!’ICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished to the Office
ofthe State Attorney, 2000 Main Street, 6th Floor. Fort Myers, Florida 33901 and to Sebouh Courjian,
Esq., 2069 First St. Suite 202, Fort Myers. Florida 33901 on this 28th day ofJune, 201 7.
By:/s/ Randal Rosado Randal Rosado Defendant 2501 Ortiz Avenuc Fon Myers, FL 33905