SCOT B. NAIDUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Ineffective Assistance Of Trial Counsel cases and more on FLexlaw
PER CURIAM.
The order summarily denying appellant’s motion for postconviction relief is affirmed with respect to appellant’s claims of ineffective assistance of appellate counsel. See Downs v. State, 24 Fla. L. Weekly S231 & n. 5, 740 So. 2d 506, 509 n. 5 (Fla.1999) (claims of ineffective assistance of appellate counsel are not cognizable in a rule 3.850 motion for postconviction relief and are more appropriately raised in a petition for writ of habeas corpus). As for appellant’s claim that trial counsel was ineffective in conceding appellant’s guilt without his consent, the order is reversed and remanded for an evidentiary hearing, as the motion, files and record attachments do not conclusively establish that appellant is not entitled to relief. See Fla. R.Crim. P. 3.850(d); Harvey v. Dugger, 656 So. 2d 1253, 1256 (Fla.1995); Nixon v. State, 572 So. 2d 1336, 1339 (Fla.1990), cert. denied, 502 U.S. 854, 112 S.Ct. 164, 116 L.Ed.2d 128 (1991).
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR EV-IDENTIARY HEARING.
GUNTHER, STONE and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Canales v. State, 773 So. 2d 653 (Fla. 4th DCA 2000)…that his trial counsel was ineffective having conceded that Canales was guilty of the charged offenses of reckless driving and failing to obey an order to. stop. The record provided to this court does not refute Canales’ claim. See Naidus v. State, 743 So. 2d 132 (Fla. 4th DCA 1999). Similarly, the record does not refute Canales’ fourth claim that counsel was ineffective when he refused to offer into evidence a video tape of the chase and arrest at issue. We remand the case for further proceedings but expr…
Authorities Cited
- Harvey v. Dugger, 656 So. 2d 1253 (Fla. 1995)
- Downs v. State, 740 So. 2d 506 (Fla. 1999)
- Nixon v. State, 572 So. 2d 1336 (Fla. 1990)
- Newman v. United States, 502 U.S. 854 (U.S. 1991)
- Dugan v. Ohio, 502 U.S. 854 (U.S. 1991)