Opinion

Brown v. State

  • 846 So. 2d 1187
  • 2003 Fla. App. LEXIS 7057
  • 2003 WL 21077423
Court
District Court of Appeal of Florida
Filed
May 14, 2003
Status
Published
On the bench
Gross, Hazouri, Warner
Cited by
0 cases
Authority
More cited than 0.9%

The opinion

PER CURIAM.

The trial court summarily denied appellant’s motion for postconviction relief from his conviction for second degree murder in which he raised eight claims. We affirm all issues and address the claim that his lawyer was ineffective for refusing to allow him to testify. The state adequately refuted this claim by citing to that portion of the record where the court confirmed the defendant waived his right on the record. Specifically, the court informed the defendant that he had the absolute right to testify and that it was not counsel’s decision, but ultimately, the appellant’s decision to make. Appellant alleges that counsel did not want appellant to testify to facts contrary to the defense that the incident was an accident. However, he alleges no affirmative misadvice nor counsel’s threat to withdraw if he did testify, as in Wilson v. State, 647 So.2d 185, 186 (Fla. 1st DCA 1994). Thus, his allegations failed to state a colorable ground for relief based upon ineffective assistance of counsel.

Affirmed.

WARNER, GROSS and HAZOURI, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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