ROBERT B. ANDREWS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
This appeal is from an order of the trial court denying appellant’s motion, filed under Rule 3.850, RCrP, 34 F.S.A. for relief from a judgment of conviction. The defendant, Andrews, appeals contending his court appointed counsel failed to subpoena a witness for the purpose of testifying at his trial, which evidence, once obtained, would strongly support defendant’s claim of self-defense.
The record, at the Rule 3.850 hearing, reflects that Andrews’ counsel did subpoena the witness in question and exercised the judgment and skill required of him under the facts of this case and applicable law. Caplinger v. State, Fla.App.1973, 271 So. 2d 780; Fuller v. Wainwright, Fla.1970, 238 So. 2d 65 and Weeks v. State, Fla.App.1971, 253 So. 2d 459.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Perez v. State, 557 So. 2d 121 (Fla. 3d DCA 1990)…osition to consider ... the credibility of the witnesses”). Third, the evidence was sufficient to convict the defendant. See Brown v. State, 428 So. 2d 250 (Fla.), cert. denied, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d 1391 (1983); Lawson v. State, 319 So. 2d 613 (Fla. 1st DCA 1975). Fourth, the prosecutor’s closing argument did not constitute a comment on silence. See White v. State, 377 So. 2d 1149 (Fla.1979), habeas corpus denied, 386 So. 2d 643 (Fla.), cert. denied, 449 U.S. 845, 101 S.Ct. 129, 66 L.Ed.2…
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Rolle v. State, 739 So. 2d 167 (Fla. 3d DCA 1999)…PER CURIAM. Affirmed. See Lawson v. State, 666 So. 2d 193 (Fla. 2d DCA 1995); Thomas v. State, 512 So. 2d 1099 (Fla. 5th DCA 1987), review denied, 520 So. 2d 586 (Fla.1988); Lawson v. State, 319 So. 2d 613 (Fla. 1st DCA 1975).…
Authorities Cited
- Fuller v. Wainwright, 238 So. 2d 65 (Fla. 1970)
- Caplinger v. State, 271 So. 2d 780 (Fla. 3d DCA 1973)
- Adams v. State, 253 So. 2d 459 (Fla. 4th DCA 1971)
- Weeks v. State, 253 So. 2d 459 (Fla. 3d DCA 1971)