SAMMIE LEE JACKSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed summary denial of ineffective assistance of counsel claim where the record conclusively demonstrated the defendant received adequate representation and his trial was not a mockery or farce.
A defendant is not entitled to post-conviction relief for ineffective assistance of counsel absent a showing that the trial was a mockery or farce or that defense counsel was necessarily incompetent.
[1] A trial court may summarily deny a motion to vacate judgment without a hearing if the record conclusively demonstrates the movant is not entitled to relief.
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Join FLexlaw to unlock all legal intelligenceSammie Lee Jackson was convicted of robbery and aggravated assault. At his insistence that the public defender could not adequately represent him, the…
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PER CURIAM.
Defendant, Sammie Lee Jackson, appeals the summary denial of his motion to vacate his conviction for robbery and aggravated assault on the ground of ineffective assistance of counsel.
Upon receipt of a motion to vacate judgment and sentence, the trial court must examine the record and if the record conclusively demonstrates that the movant is not entitled to relief, the motion may be denied without a hearing. State v. Weeks, 166 So. 2d 892 (Fla.1964); State v. Barton, 194 So. 2d 241 (Fla.1967); Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969).
Absent a showing that the trial was a mockery or a farce or that defense counsel was necessarily incompetent, a defendant is not entitled to post conviction relief on the claim of inadequate representation by trial counsel. McCrae v. State, 313 So. 2d 429 (Fla. 3d DCA 1975); Potts v. State, 242 So. 2d 729 (Fla. 2d DCA 1971); Meinsen v. State, 240 So. 2d 188 (Fla. 2d DCA 1970).
A review of the record absolutely refutes defendant’s contention that he was inadequately repre sented or his trial was a mockery or a farce. As a matter of fact, at the defendant’s insistence that the public defender’s office could not do the job, the court appointed private counsel as a special public defender. In addition, one of the grounds raised to demonstrate ineffective assistance of counsel was the introduction of a certain photograph of the defendant from which the victim initially identified him.
However, we note that the issue was raised in defendant’s direct appeal and disposed adversely to his position. See Jackson v. State, 338 So. 2d 231 (Fla. 3d DCA 1976).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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State v. Garmise, 382 So. 2d 769 (Fla. 3d DCA 1980)…this state that the ineffective assistance of court-appointed counsel for an insolvent criminal defendant at trial constitutes a valid ground for collateral attack of the defendant’s criminal conviction under Fla.R. Crim.P. 3.850. Jackson v. State, 353 So. 2d 940 (Fla. 3d DCA 1978); McCrae v. State, 313 So. 2d 429 (Fla. 3d DCA 1975); Parker v. State, 295 So. 2d 312 (Fla. 1st DCA 1974); Potts V. State, 242 So. 2d 729 (Fla. 2d DCA 1971); Meinsen v. State, 240 So. 2d 188 (Fla. 2d DCA 1970); Plymale v. State, 18…
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Collins v. State, 382 So. 2d 418 (Fla. 5th DCA 1980)…competent assistance. We all have 20/20 hindsight. Absent a showing that defense counsel was necessarily incompetent, a defendant is not entitled to post-conviction relief on the claim of inadequate representation by trial counsel. Jackson v. State, 353 So. 2d 940 (Fla. 3d DCA 1978); Parker v. State, 295 So. 2d 312 (Fla. 1st DCA 1974) and Potts v. State, 242 So. 2d 729 (Fla. 3d DCA 1971). A defendant is entitled to a fair trial, not necessarily a perfect one. Frazier v. State, [*419] 294 So. 2d 691 (Fla. 1st…
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Mintlow v. State, 375 So. 2d 54 (Fla. 3d DCA 1979)…motion is affirmed. See: State v. Barton, 194 So. 2d 241 (Fla.1967); Johnson v. State, 236 So. 2d 473 (Fla. 2d DCA 1970); Stallings v. State, 319 So. 2d 640 (Fla. 1st DCA 1975); Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977); Jackson v. State, 353 So. 2d 940 (Fla. 3d DCA 1978); Thornton v. State, 354 So. 2d 892 (Fla. 3d DCA 1978); Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978).…
Authorities Cited
- State v. Weeks, 166 So. 2d 892 (Fla. 1964)
- State v. Barton, 194 So. 2d 241 (Fla. 1967)
- Maxwood Clarence Brumley v. State, 224 So. 2d 447 (Fla. 4th DCA 1969)
- Potts v. State, 242 So. 2d 729 (Fla. 2d DCA 1971)
- McCRAE v. State, 313 So. 2d 429 (Fla. 3d DCA 1975)
- Meinsen v. State, 240 So. 2d 188 (Fla. 2d DCA 1970)
- Sammie Lee Jackson v. State, 338 So. 2d 231 (Fla. 3d DCA 1976)