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Florida District Courts of Appeal, 1981

Tossie v. State

Tossie v. State
Florida District Courts of Appeal · Decided November 11, 1981 · Dauksch, Upchurch, Wart
405 So. 2d 775; 1981 Fla. App. LEXIS 21623 (Southern Reporter, Second Series)

Tossie v. State

Concurring Opinion

DAUKSCH, Chief Judge,

concurring specially:

I agree we should affirm the decision of the trial judge but I do not understand the basis for the lower court’s statement that it was “without authority or means to determine” the issue of ineffective assistance of counsel. It is that very court which should determine that issue if it is properly pleaded by holding a hearing, taking evidence, making findings and reaching a decision. Ables v. State, 404 So.2d 137 (Fla. 5th DCA 1981).

Opinion of the Court

PER CURIAM.

AFFIRMED.

See Ables v. State, 404 So.2d 137 (Fla. 5th DCA 1981).

FRANK D. UPCHURCH, Jr. and CO-WART, JJ., concur. DAUKSCH, C. J., concurs specially with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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