Miller v. State

Full title: Morris MILLER, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: May 23, 2008

980 So. 2d 546 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D08-640.

April 16, 2008. Rehearing Denied May 23, 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.

PER CURIAM.

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, 882 So.2d 798 (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.