Stone v. State

District Court of Appeal of Florida

Stone v. State

830 So. 2d 277, 2002 Fla. App. LEXIS 17133, 2002 WL 31557189

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 2002

DocketNo. 3D02-484

StatusPublished

This text of 830 So. 2d 277 (Stone v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stone v. State, 830 So. 2d 277, 2002 Fla. App. LEXIS 17133, 2002 WL 31557189 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

The trial court acted within its discretion in declining to appoint counsel for the evidentiary hearing on appellant’s postcon-viction motion. There was a single, simple issue to be tried: what advice trial counsel gave to defendant-appellant Stone regarding whether he should testify at trial. See Williams v. State, 472 So.2d 738 (Fla. 1985); Hylleberg v. State, 729 So.2d 409 (Fla. 5th DCA 1999). Specifically, the defendant maintained that trial counsel threatened to withdraw if the defendant insisted on taking the stand, while trial counsel denied making any such threat.

Affirmed.

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PER CURIAM.

The trial court acted within its discretion in declining to appoint counsel for the evidentiary hearing on appellant’s postcon-viction motion. There was a single, simple issue to be tried: what advice trial counsel gave to defendant-appellant Stone regarding whether he should testify at trial. See Williams v. State, 472 So.2d 738 (Fla. 1985); Hylleberg v. State, 729 So.2d 409 (Fla. 5th DCA 1999). Specifically, the defendant maintained that trial counsel threatened to withdraw if the defendant insisted on taking the stand, while trial counsel denied making any such threat.

Affirmed.

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Bluebook (online)

830 So. 2d 277, 2002 Fla. App. LEXIS 17133, 2002 WL 31557189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-state-fladistctapp-2002.

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