Betancourt v. State

Full title: OMAR BETANCOURT, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 19, 2003

840 So. 2d 410 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-2497.

Opinion filed March 19, 2003.

An appeal from the Circuit Court of Monroe County, Richard G. Payne, Judge. Lower Tribunal Case No. 00-930.

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, and Joseph A. Brophy, Certified Legal Intern, for appellee.

Before GERSTEN, GREEN, and FLETCHER, JJ.

PER CURIAM.

Affirmed. Diaz v. State, 534 So.2d 817 (Fla. 3d DCA 1988) ("To prevail and set aside a nolo or guilty plea alleging ineffectiveness of original trial counsel, a defendant must show that he, in fact, had a `viable' defense.").