STEVEN ANTHONY INDELICATO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STEVEN ANTHONY INDELICATO, APPELLANT,
STATE OF FLORIDA, APPELLEE
854 So. 2d 834
Florida District Court of Appeal, Fifth District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Stephen Anthony Indelicato appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule Criminal Procedure 3.850. Having carefully reviewed the record, we find that the trial judge’s conclusions are supported by competent, substantial evidence. Stephens v. State, 748 So. 2d 1028 (Fla.1999). There is adequate record support for the trial judge’s conclusion that trial counsel’s performance did not fall below the standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
AFFIRMED.
THOMPSON, PLEUS and ORFINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barry v. State, 934 So. 2d 656 (Fla. 2d DCA 2006)…ive speech directed at a pólice officer who had come to her residence. This court reversed the conviction for disorderly conduct, noting that Miller’s conduct was entirely verbal until after the officer initiated the arrest. See also Macon v. State, 854 So. 2d 834, 837 n. 1 (Fla. 5th DCA 2003) (“Words alone generally will not support a conviction for disorderly conduct.”); Miller v. State, 667 So. 2d 325, 328 (Fla. 1st DCA 1995) (reversing conviction for disorderly conduct and noting that there . must be evid…
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A.S.C. v. State, 14 So. 3d 1118 (Fla. 5th DCA 2009)…tly, for purposes of the present case, the courts of Florida have consistently held that unenhanced speech alone will not support a conviction for disorderly conduct. See, e.g., Barry v. State, 934 So. 2d 656, 658 (Fla. 2d DCA 2006); Macon v. State, 854 So. 2d 834, 837 n. 1 (Fla. 5th DCA 2003). Apropos to the case before us, our sister court in the First District held in Miller, 667 So. 2d at 328, as follows: Although appellant’s voice was loud and his language may have been offensive, there is nothing in th…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Stephens v. State, 748 So. 2d 1028 (Fla. 1999)