SAM LOPEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1996-12-26
No. 95-2118
Before NESBITT, GREEN, and SHEVIN, JJ.
684 So. 2d 342 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We find that the court’s failure to conduct a hearing pursuant to Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973) was not error where appellant never challenged the competence of his trial counsel. Smith v. State, 641 So. 2d 1319, 1321 (Fla.1994), cert. denied, — U.S. —, 115 S.Ct. 1129, 130 L.Ed.2d 1091 (1995); Bodiford v. State, 665 So. 2d 315, 316 (Fla. 1st DCA 1995); Kearse v. State, 605 So. 2d 534, 536 & n. 3 (Fla. 1st DCA 1992), rev. denied, 613 So. 2d 5 (Fla.1993). We further find no merit to the remaining issue on appeal.

Affirmed.


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