Grosvenor v. State

816 So. 2d 822, 2002 WL 999625
CourtDistrict Court of Appeal of Florida
DecidedMay 17, 2002
Docket5D01-905
StatusPublished
Cited by3 cases

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Bluebook
Grosvenor v. State, 816 So. 2d 822, 2002 WL 999625 (Fla. Ct. App. 2002).

Opinion

816 So.2d 822 (2002)

Traci Ann GROSVENOR, Appellant,
v.
STATE of Florida, Appellee.

No. 5D01-905.

District Court of Appeal of Florida, Fifth District.

May 17, 2002.

Robert S. Griscti, Gainesville, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm. See Siegel v. State, 586 So.2d 1341, 1342 (Fla. 5th DCA 1991)(in order to maintain a claim of ineffective assistance with either a nolo contendere or guilty plea, a defendant must show that he had a viable defense); Diaz v. State, 534 So.2d 817 (Fla. 3d DCA 1988). We certify conflict with Cousino v. State, 770 So.2d 1258 (Fla. 4th DCA 2000) and Mason v. State, 742 So.2d 370 (Fla. 1st DCA 1999), both of which held that it was not necessary to demonstrate a viable defense to obtain relief in these types of cases.

AFFIRMED.

THOMPSON, C.J., COBB and ORFINGER, R. B., JJ., concur.

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Related

Grosvenor v. State
874 So. 2d 1176 (Supreme Court of Florida, 2004)
Hill v. State
830 So. 2d 219 (District Court of Appeal of Florida, 2002)
Gould v. State
826 So. 2d 1101 (District Court of Appeal of Florida, 2002)

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Bluebook (online)
816 So. 2d 822, 2002 WL 999625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grosvenor-v-state-fladistctapp-2002.