JAMES JONES NIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ALTENBERND, Judge.
The state has moved for rehearing in this ease. In our initial opinion, which has been withdrawn, we reversed the denial of a motion for postconviction relief and remanded for an evidentiary hearing to determine whether James Jones Nixon received ineffective assistance of counsel. Specifically, Mr. Nixon maintained that his attorney refused to allow him to testify. See Gill v. State, 632 So. 2d 660 (Fla. 2d DCA 1994).
On motion for rehearing, the state has brought to our attention that the motion for postconviction relief was denied after an evidentiary hearing. The transcript of that hearing has now been filed, and it appears that the trial court properly denied the motion for postconviction relief after receiving the evidence needed to satisfy Gill. Accordingly, we affirm the trial court’s order denying postconviction relief.
Affirmed.
BLUE and FULMER, JJ., concur.
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Kersey v. State, 636 So. 2d 789 (Fla. 2d DCA 1994)…his taped confession. This court has recently examined the right of a defendant to prevail on a claim of ineffective assistance of counsel when he is denied the right to testify. See Gill v. State, 632 So. 2d 660 (Fla. 2d DCA 1994); Nixon v. State, 637 So. 2d 935 (Fla. 2d DCA 1994); Dukes v. State, 633 So. 2d 104 (Fla. 2d DCA 1994).1 In its order denying the motion for post-conviction relief, the trial court points out that Kersey does not indicate the additional facts which would have been presented had he…
Authorities Cited
- Gill v. State, 632 So. 2d 660 (Fla. 2d DCA 1994)