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Price v. State

Florida Court of Appeals, Third District
Jun 23, 2021
No. 3D21-83 (Fla. Dist. Ct. App. Jun. 23, 2021)

Opinion

3D21-83

06-23-2021

Alan Price, Appellant, v. The State of Florida, Appellee.

Law Office of Alex John Saiz PLLC, and Alex John Saiz, for appellant. Ashley Moody, Attorney General, for appellee.


Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County Lower Tribunal No. F83-29301, Lourdes Simon, Judge.

Law Office of Alex John Saiz PLLC, and Alex John Saiz, for appellant.

Ashley Moody, Attorney General, for appellee.

Before EMAS, C.J., and HENDON and MILLER, JJ.

PER CURIAM

Affirmed. See Atwater v. State, 300 So.3d 589, 590-91 (Fla. 2020) (observing that the United States Supreme Court in McCoy v. Louisiana, U.S., 138 S.Ct. 1500, 200 L.Ed.2d 821 (2018) "did not hold that counsel is required to obtain the express consent of a defendant prior to conceding guilt. Instead, the [McCoy] Court held that if a defendant 'expressly asserts that the objective of 'his defence' [quoting U.S. Const. amend. VI] is to maintain innocence of the charged criminal acts, his lawyer must abide by that objective and may not override it by conceding guilt.' Because McCoy 'vociferously insisted that he did not engage in the charged acts and adamantly objected to any admission of guilt,' the Supreme Court found that counsel's concession of guilt violated McCoy's '[a]utonomy to decide that the objective of the defense is to assert innocence.'" (quoting McCoy, 138 S.Ct. at 1505, 1508, 1509)).


Summaries of

Price v. State

Florida Court of Appeals, Third District
Jun 23, 2021
No. 3D21-83 (Fla. Dist. Ct. App. Jun. 23, 2021)
Case details for

Price v. State

Case Details

Full title:Alan Price, Appellant, v. The State of Florida, Appellee.

Court:Florida Court of Appeals, Third District

Date published: Jun 23, 2021

Citations

No. 3D21-83 (Fla. Dist. Ct. App. Jun. 23, 2021)