DAVID S. RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1998-09-04
No. 97-2490
W. SHARP and GOSHORN, JJ., concur.
716 So. 2d 859 Florida District Court of Appeal, Fifth District (1998) Caution
Cited by 10 cases

Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

Richardson, after pleading to various charges pursuant to a negotiated agreement with the State and after being sentenced in accordance with such plea, did not appeal but subsequently filed a 3.850 motion for relief because of ineffective assistance of counsel. He first argues that the court erred in not providing him counsel to represent him in this matter. There is nothing about this case that indicates the court abused its discretion in not appointing counsel in this post-trial matter. See Graham v. State, 372 So. 2d 1363 (Fla.1979).

The court conducted an evidentiary hearing in this cause, the result of which supports the trial court’s denial of relief.

AFFIRMED.

W. SHARP and GOSHORN, JJ., concur.


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  • Toliver v. State, 737 So. 2d 1142 (Fla. 1st DCA 1999)
    …le fact issue which the trial court resolved against [the defendant]” and that there appeared to be “no basis to conclude that the trial court abused its discretion in not appointing counsel for [the defendant] at the hearing”); Richardson v. State, 716 So. 2d 859 (Fla. 5th DCA 1998) (concluding, in context of case involving an evidentiary hearing, that “[tjhere is nothing about this case that indicates that the court abused its discretion in not appointing counsel in this post-trial matter”), rev. denied, 72…
  • …number of accidents, the record contains no evidence that Mr. Lyster’s carelessness or negligence — assuming inattention instead of ineptitude— amounted to the kind required under section 443.036(29)(b). See Maxfield v. Unemployment Appeals Comm’n, 716 So. 2d 859, 860 (Fla. 5th DCA 1998); Poole v. J.B. Hunt Transp., 703 So. 2d 1158, 1159-60 (Fla. 2d DCA 1997); Williams v. Unemployment Appeals Comm’n, 484 So. 2d 89, 90' (Fla. 5th DCA 1986). Multiple accidents alone do not render a claimant ineligible for bene…
  • Rubin Lee Griffin v. State, 721 So. 2d 390 (Fla. 3d DCA 1998)
    …PER CURIAM. Affirmed. Graham v. State, 372 So. 2d 1363 (Fla.1979); Richardson v. State, 716 So. 2d 859 (Fla. 5th DCA1998).…

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