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Miller v. State

District Court of Appeal of Florida, Second District
Apr 16, 2008
978 So. 2d 170 (Fla. Dist. Ct. App. 2008)

Opinion

No. 2D07-1751.

April 16, 2008.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Kaplan, Judge; L.T. Case No. 05-2087 CF10.

Morris Miller, South Bay, pro se.

No appearance required for appellee.


Affirmed. On appellant's third claim of ineffective assistance of trial counsel for advising him to reject a plea offer and to take his case to trial instead, we certify conflict with the Third District's decisions in Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002), and Sharpe v. State, 861 So. 2d 483 (Fla. 3d DCA 2003). See Morgan v. State, 941 So. 2d 1198 (Fla. 4th DCA 2006), rev. granted, 956 So.2d 456 (Fla. 2007).

KLEIN, GROSS and MAY, JJ., concur.

Not final until disposition of timely filed motion for rehearing.


Summaries of

Miller v. State

District Court of Appeal of Florida, Second District
Apr 16, 2008
978 So. 2d 170 (Fla. Dist. Ct. App. 2008)
Case details for

Miller v. State

Case Details

Full title:MORRIS MILLER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Apr 16, 2008

Citations

978 So. 2d 170 (Fla. Dist. Ct. App. 2008)