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Moore v. State

District Court of Appeal of Florida, Third District
Oct 23, 1984
458 So. 2d 61 (Fla. Dist. Ct. App. 1984)

Summary

holding that when a defendant gives contrary testimony at an evidentiary hearing, the trial court is privileged to reject the testimony in favor of the conflicting testimony of counsel

Summary of this case from White v. Crosby

Opinion

No. 83-1826.

October 23, 1984.

Appeal from the Circuit Court, Dade County, Ralph N. Person, J.

Gold Fox and Myron M. Gold, for appellant.

Jim Smith, Atty. Gen. and Randi B. Klayman, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.


The defendant Lawrence C. Moore appeals the denial of his motion to vacate judgment and sentence under Fla.R. Crim.P. 3.850. He claimed below that he received ineffective assistance of counsel from his court-appointed attorney at trial because the said attorney failed to call certain alibi witnesses, failed to call the defendant himself as a witness, and committed sundry other errors. The trial court conducted a full evidentiary hearing and denied the motion.

We have carefully examined the briefs and record in this case and conclude that no showing of ineffective assistance of counsel was made in this cause. Counsel declined to call the alibi defense witnesses for sound tactical reasons. Counsel also had a sound basis for advising the defendant not to testify at trial, which advice the defendant voluntarily followed. We recognize that the defendant gave contrary testimony at the hearing below, but the trial court was privileged to reject this testimony in favor of the conflicting testimony of counsel. Finally, the other claimed errors of counsel do not, in our view, rise to the level of ineffective assistance of counsel. See Strickland v. Washington, ___ U.S. ___, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Morgan v. State (Fla. 1984) (case no. 63,679, opinion filed September 11, 1984) [9 FLW 428]; Adams v. State, 456 So.2d 888 (Fla. 1984); Shriner v. State, 452 So.2d 929 (Fla. 1984); Jackson v. State, 452 So.2d 533 (Fla. 1984); Knight v. State, 394 So.2d 997 (Fla. 1981).

Affirmed.


Summaries of

Moore v. State

District Court of Appeal of Florida, Third District
Oct 23, 1984
458 So. 2d 61 (Fla. Dist. Ct. App. 1984)

holding that when a defendant gives contrary testimony at an evidentiary hearing, the trial court is privileged to reject the testimony in favor of the conflicting testimony of counsel

Summary of this case from White v. Crosby

holding that when a defendant gives contrary testimony at an evidentiary hearing, the trial court is privileged to reject the testimony in favor of the conflicting testimony of counsel

Summary of this case from Bucklon v. Crosby

recognizing that at a rule 3.850 evidentiary hearing the trial court is entitled to reject the defendant's testimony in favor of the conflicting testimony of trial counsel

Summary of this case from Lamb v. State

during hearing on 3.850 motion trial court may reject defendant's testimony in favor of conflicting testimony of counsel

Summary of this case from Anderson v. Sec'y, Fla. Dep't of Corr.

during hearing on 3.850 motion, trial court may reject defendant's testimony in favor of conflicting testimony of counsel

Summary of this case from Laramore v. State
Case details for

Moore v. State

Case Details

Full title:LAWRENCE C. MOORE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 23, 1984

Citations

458 So. 2d 61 (Fla. Dist. Ct. App. 1984)

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