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Cole v. State

District Court of Appeal of Florida, Third District
Jun 14, 2000
758 So. 2d 1289 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-1483.

Opinion filed June 14, 2000.

An Appeal from the Circuit Court for Miami-Dade County, Leslie B. Rothenberg, Judge, L.T. No. 93-33171.

Victor Mature Cole, in proper person.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before JORGENSON, FLETCHER, and RAMIREZ, JJ.


This is an appeal of the denial of Victor Mature Cole's second motion for post-conviction relief pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. We reversed the initial summary denial of the motion. After conducting an evidentiary hearing, the trial court again denied relief. We affirm.

Cole argues that the trial court erred in denying his motion for the appointment of counsel. Graham v. State, 372 So.2d 1363, 1366 (Fla. 1979) establishes the criteria for the trial judge's consideration in deciding such a request. After a careful review of the record of the proceedings, we conclude that this was not a complex matter necessitating substantial legal research. Thus, we find no abuse of discretion in the denial of appointed counsel, even after resolving all doubts in favor of Cole. Cole's main complaint, that he had wanted to accept the plea offer conveyed prior to trial, was amply refuted by his two trial attorneys and his silence throughout the trial.

We find no merit in any of the other issues raised in this appeal.

Affirmed.


Summaries of

Cole v. State

District Court of Appeal of Florida, Third District
Jun 14, 2000
758 So. 2d 1289 (Fla. Dist. Ct. App. 2000)
Case details for

Cole v. State

Case Details

Full title:VICTOR MATURE COLE, Appellant v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 14, 2000

Citations

758 So. 2d 1289 (Fla. Dist. Ct. App. 2000)

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