RUDOLPH MCCASKILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not abuse its discretion in denying the motion for post-conviction relief and in refusing to appoint appellate counsel.
Rudolph McCaskill appealed the denial of his motion for post-conviction relief, alleging ineffective assistance of counsel because his attorney had pr…
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PER CURIAM.
Rudolph MeCaskill appeals the denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. MeCaskill alleged that he had ineffective assistance of trial counsel because the attorney who represented him was also the state attorney who signed the information against him.
The lower court specifically found that defense counsel discussed with McCas-kill the fact that defense counsel had served as state attorney when the .original information was filed charging MeCaskill with attempted capital sexual battery. The court found additionally that MeCaskill had sought out and retained defense counsel notwithstanding his previous status as a state attorney. Alternatively, the trial court noted that MeCaskill was not prosecuted upon the original information signed by defense counsel. Rather, he was prosecuted upon an amended information which was filed by a new state attorney and which alleged a completed sexual battery rather than an attempt. Defense counsel testified, without contradiction from MeCaskill, that he had no active involvement in activities which led to the amended information. We find no abuse of discretion by the trial court in its denial of McCaskill’s motion.
MeCaskill also alleges an abuse of discretion by the trial court in refusing to appoint appellate counsel to appeal the denial of post-conviction relief. Although the trial court did appoint counsel in the proceedings below, there was no abuse of discretion in deciding to not have that representation continued at the appellate level. There is no absolute right to counsel in post-conviction relief proceedings and the trial court in the instant case, upon having heard the, substance of McCaskfil’s claims through the assistance of McCaskill’s counsel, concluded no further assistance was necessary at the appellate level. Gordon v. State, 529 So. 2d 1129 (Fla. 5th DCA 1988).
AFFIRMED.
HARRIS, C.J., and PETERSON and DIAMANTIS, JJ., concur.