JAMES PAUL BRYANT, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES PAUL BRYANT, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
723 So. 2d 878
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
James Paul Bryant appeals from the denial, after an evidentiary hearing, of his rule 3.850 motion alleging ineffective assistance of trial counsel. Because the error asserted would have required trial counsel to take a position in direct conflict with then controlling case law1 in this district and would also have required the trial attorney to move for discharge pursuant to Florida’s “speedy trial” rule2 while knowing that he was unprepared for trial, we agree with the trial judge that Bryant’s attorney was not ineffective and affirm.
AFFIRMED.
DAUKSCH, GOSHORN and THOMPSON, JJ., concur. . State v. Williams, 597 So. 2d 960 (Fla. 5th DCA 1992), quashed, 622 So. 2d 477 (Fla.1993).
. Fla. R.Crim. P. 3.191.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gendron v. State (M.D. Fla. 2021)…waived based on his prior waiver. Moreover, the Defendant seeking speedy trial is disingenuous. The Defendant demands speedy at the same time he requests his counsel to perform depositions and investigate the case. See Bryant v. State, 723 So. 2d 878 (Fla. 5th DCA 1998) (finding that counsel is not ineffective if he/she would have been required to seek speedy trial knowing he/she was unprepared for trial). Therefore, Ground One is without merit. Resp. Ex. R at 4. The Fifth DCA affirme…
Authorities Cited
- Ervin Eugene Williams v. State, 622 So. 2d 477 (Fla. 1993)
- State v. Ervin Eugene Williams, 597 So. 2d 960 (Fla. 5th DCA 1992)