JAMES MCCRAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JAMES MCCRAY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
989 So. 2d 1252
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The petition alleging ineffective assistance of appellate counsel is denied on the merits.
POLSTON and HAWKES, JJ., Concur; BENTON, J., Dissents With Written Opinion.
Dissent
BENTON, J.,
Dissenting.
I would issue an order to show cause in this ease.
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Maderson v. State, 29 So. 3d 1184 (Fla. 1st DCA 2010)…nd Branch v. State, 685 So. 2d 1250 (Fla.1996)). However, a [*1186] defendant’s broad complaints of dissatisfaction with his attorney are not sufficient to require such an inquiry. Morrison v. State, 818 So. 2d 432, 440 (Fla.2002); Addison v. State, 989 So. 2d 1252 (Fla. 1st DCA 2008). Here, the trial court failed to conduct a proper Nelson inquiry even though Appellant’s motion clearly expressed a desire to discharge his attorney based upon more than mere general dissatisfaction with the attorney. Initially,…