LARRY HENDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1994-04-22
No. 93-1048
ZEHMER, C.J., and KAHN and BENTON, JJ., concur.
634 So. 2d 1157 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Weston v. State, 351 So. 2d 75 (Fla. 1st DCA 1977).

ZEHMER, C.J., and KAHN and BENTON, JJ., concur.


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  • Guisasola v. State, 667 So. 2d 248 (Fla. 1st DCA 1995)
    …492 So. 2d 355 (Fla.1986). However, a trial court’s finding that some action or inaction by defense counsel was tactical is generally inappropriate without an evidentiary hearing. Murphy v. State, 638 So. 2d 975 (Fla. 1st DCA 1994); Thomas v. State, 634 So. 2d 1157 (Fla. 1st DCA 1994). Herein, absent an adequate rec ord, and without the benefit of an evidentiary hearing, we are in no position to affirm whether the omission of such a defense was a strategic move, particularly in view of the fact that appellant…
  • Robinson v. State, 637 So. 2d 998 (Fla. 1st DCA 1994)
    …garding trial strategy, when a court is confronted with a claim of ineffective assistance of counsel, a finding that some action or inaction by defense counsel was tactical is generally inappropriate without an evidentia-ry hearing. Thomas v. State, 634 So. 2d 1157 (Fla. 1st DCA 1994); Gordon v. State, 608 So. 2d 925 (Fla. 3d DCA 1992); Davis v. State, 608 So. 2d 540 (Fla. 2d DCA 1992); Harley v. State, 594 So. 2d 352 (Fla. 2d DCA 1992); Dauer v. State, 570 So. 2d 314 (Fla. 2d DCA 1990). Appellant further ass…
  • Murphy v. State, 638 So. 2d 975 (Fla. 1st DCA 1994)
    …arding trial strategy, when the court is confronted with a claim of ineffective assistance of counsel, a finding that some action or inaction by defense counsel was tactical is generally inappropriate without an evidentiary hearing. Thomas v. State, 634 So. 2d 1157 (Fla. 1st DCA 1994); Gordon v. State, 608 So. 2d 925 (Fla. 3d DCA 1992); Davis v. State, 608 So. 2d 540 (Fla. 2d DCA 1992); Harley v. State, 594 So. 2d 352 (Fla. 2d DCA 1992); Dauer v. State, 570 So. 2d 314 (Fla. 2d DCA 1990). We therefore reverse f…

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