Opinion
2D05-5924.
December 22, 2006.
Appeal from the Circuit Court for Polk County; Dennis P. Maloney, Judge.
Glenn Anderson, Winter Haven, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
FULMER, C.J., and DAVIS and CANADY, JJ., Concur.
Affirmed. See Florida v. Nixon, 543 U.S. 175, 189 (2004) (rejecting argument that counsel must obtain express consent from a defendant for strategy of conceding guilt where defense counsel has adequately explained the strategy); Chandler v. State, 848 So.2d 1031, 1040 n. 11 (Fla. 2003) (noting requirement that appellate courts must adhere to trial court's credibility determinations); Sage v. State, 905 So.2d 1039, 1041 (Fla. 2d DCA 2005) (noting that after Nixon, the issue is whether it was a reasonable trial strategy to concede guilt, not whether the defendant consented to such strategy). Affirmed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED