Florida District Courts of Appeal, 1996

Lopez v. State

Lopez v. State
Florida District Courts of Appeal · Decided December 26, 1996 · Green, Nesbitt, Shevin
684 So. 2d 342; 1996 Fla. App. LEXIS 13436; 1996 WL 734836 (Southern Reporter, Second Series)

Lopez v. State

Opinion of the Court

PER CURIAM.

We find that the court’s failure to conduct a hearing pursuant to Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973) was not error where appellant never challenged the competence of his trial counsel. Smith v. State, 641 So.2d 1319, 1321 (Fla. 1994), cert. denied, — U.S. —, 115 S.Ct. 1129, 130 L.Ed.2d 1091 (1995); Bodiford v. State, 665 So.2d 315, 316 (Fla. 1st DCA 1995); Kearse v. State, 605 So.2d 534, 536 & n. 3 (Fla. 1st DCA 1992), rev. denied, 613 So.2d 5 (Fla. 1993). We further find no merit to the remaining issue on appeal.

Affirmed.

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