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Morgan, v. State

District Court of Appeal of Florida, Fourth District
Nov 8, 2006
941 So. 2d 1198 (Fla. Dist. Ct. App. 2006)

Summary

certifying direct conflict with Gomez and Sharpe

Summary of this case from Yanes v. State

Opinion

No. 4D04-4448.

November 8, 2006.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Alfred J. Horowitz, Judge; L.T. Case No. 98-22601 CF10A.

Thomas J. Morgan, South Bay, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.


Thomas Morgan seeks review of an order that denied his motion for postconviction relief. See Fla.R.Crim.P. 3.850. We affirm the trial court's denial of relief as to the eight points presented, but write to certify conflict associated with one claim.

In his fourth point, Morgan alleges ineffective assistance of trial counsel regarding counsel's advice that Morgan reject a favorable plea offer. Morgan alleges that counsel assured him a win at trial, or at worst, a conviction for a reduced offense. This court affirmed the summary denial of a similar claim in Gonzales v. State, 691 So.2d 602 (Fla. 4th DCA), rev. denied, 700 So.2d 685 (Fla. 1997). We certify conflict with the Third District's decisions in Gomez v. State, 832 So.2d 793 (Fla. 3d DCA 2002), and Sharpe v. State, 861 So.2d 483 (Fla. 3d DCA 2003), on this point.

Affirmed.

GUNTHER, WARNER and HAZOURI, JJ., concur.


Summaries of

Morgan, v. State

District Court of Appeal of Florida, Fourth District
Nov 8, 2006
941 So. 2d 1198 (Fla. Dist. Ct. App. 2006)

certifying direct conflict with Gomez and Sharpe

Summary of this case from Yanes v. State
Case details for

Morgan, v. State

Case Details

Full title:Thomas J. MORGAN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 8, 2006

Citations

941 So. 2d 1198 (Fla. Dist. Ct. App. 2006)

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