VICTOR MATURE COLE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-06-14
No. 3D99-1483
Before JORGENSON, FLETCHER, and RAMIREZ, JJ.
758 So. 2d 1289 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of the denial of Victor Mature Cole’s second motion for post-conviction relief pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. We reversed the initial summary denial of the motion. After conducting an evidentiary hearing, the trial court again denied relief. We affirm.

Cole argues that the trial court erred in denying his motion for the appointment of counsel. Graham v. State, 372 So. 2d 1363, 1366 (Fla.1979) establishes the criteria for the trial judge’s consideration in deciding such a request. After a careful review of the record of the proceedings, we conclude that this was not a complex matter necessitating substantial legal research. Thus, we find no abuse of discretion in the denial of appointed counsel, even after resolving all doubts in favor of Cole. Cole’s main complaint, that he had wanted to accept the plea offer conveyed prior to trial, was amply refuted by his two trial attorneys and his silence throughout the trial.

We find no merit in any of the other issues raised in this appeal.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lubin v. State, 842 So. 2d 291 (Fla. 3d DCA 2003)
    …PER CURIAM. Affirmed. See Graham v. State, 372 So. 2d 1363 (Fla.1979); Cole v. State, 758 So. 2d 1289 (Fla. 3d DCA 2000).…
  • Mikell v. State, 786 So. 2d 673 (Fla. 3d DCA 2001)
    …been demonstrated either in the trial court’s ruling denying post-conviction relief after an evidentiary hearing or in refusing the defendant’s request for the appointment of counsel. See Williams v. State, 472 So. 2d 738 (Fla.1985); Cole v. State, 758 So. 2d 1289 (Fla. [*674] 3d DCA 2000), review denied, 780 So. 2d 912 (Fla.2001).…
  • Tavius ST. Angus v. State, 778 So. 2d 1093 (Fla. 3d DCA 2001)
    …PER CURIAM. Affirmed. See Graham v. State, 372 So. 2d 1363 (Fla.1979); Cole v. State, 758 So. 2d 1289 (Fla. 3d DCA 2000), review denied, No. SC00-1529, 780 So. 2d 912 (Fla. Jan.8, 2001); Toliver v. State, 737 So. 2d 1142 (Fla. 1st DCA), review denied, 744 So. 2d 459 (Fla.1999); Kampff v. State, 468 So. 2d 462 (Fla. 4th DCA 1985).…

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