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Geremia v. State

District Court of Appeal of Florida, Fifth District
Jul 20, 2007
961 So. 2d 1042 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D05-4099.

July 20, 2007.

3.850 Appeal from the Circuit Court for Seminole County, Kenneth R. Lester, Jr., Judge.

F. Wesley Blankner, Jr., of Jaeger Blankner, Orlando, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.


AFFIRMED. See Florida v. Nixon, 543 U.S. 175, 186-87, 125 S.Ct. 551, 160 L.Ed.2d 565 (2004) (reversing Nixon v. State, 857 So.2d 172 (Fla. 2003), because Florida Supreme Court erroneously held that "counsel's failure to obtain the defendant's express consent to a strategy of conceding guilt . . . automatically renders counsel's performance deficient"); Harvey v. State, 946 So.2d 937, 943-44 (Fla. 2006) (noting counsel said nothing more to jury than what defendant said in confession counsel knew would be heard by jury); Davis v. State, 928 So.2d 1089, 1116 (Fla. 2005) (holding counsel's strategic decisions did not constitute ineffective assistance).

PALMER, C.J., THOMPSON and LAWSON, JJ., concur.


Summaries of

Geremia v. State

District Court of Appeal of Florida, Fifth District
Jul 20, 2007
961 So. 2d 1042 (Fla. Dist. Ct. App. 2007)
Case details for

Geremia v. State

Case Details

Full title:Joseph Christopher GEREMIA, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 20, 2007

Citations

961 So. 2d 1042 (Fla. Dist. Ct. App. 2007)