EMMANUEL CHARLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2007-08-29
No. 4D03-3972
KLEIN, STEVENSON and GROSS, JJ., concur.
963 So. 2d 926 Florida District Court of Appeal, Fourth District (2007) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

On Mandate From the Supreme Court of Florida.

PER CURIAM.

In light of the supreme court’s decision in State v. Vickery, 961 So. 2d 309 (Fla.2007), quashing this Court’s opinion in Charles v. State, 890 So. 2d 542 (Fla. 4th DCA 2005), and remanding for further consideration, we affirm the summary denial of appellant’s post-conviction claims, including his claim of ineffective assistance of trial counsel for failure to request lesser-included offenses. See Sanders v. State, 847 So. 2d 504 (Fla. 1st DCA 2003) (en banc), approved, 946 So. 2d 953 (Fla.2006).

KLEIN, STEVENSON and GROSS, JJ., concur.


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  • James v. State, 973 So. 2d 528 (Fla. 5th DCA 2007)
    …ion of prejudice was that the jury was unable to exercise its pardon power. Therefore, in light of Sanders, swpra, we affirm the summary denial of James’ 3.850 motion as to all of the grounds raised therein, including Ground 5. Cfi Charles v. State, 963 So. 2d 926 (Fla. 4th DCA 2007). AFFIRMED. PALMER, C.J. and MONACO, J., concur. . To prevail on an ineffective assistance of trial counsel claim, a defendant in a Rule 3.850 motion must establish a substantial deficiency in counsel’s performance which so aff…

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