Florida District Courts of Appeal, 2007

Geremia v. State

Geremia v. State
Florida District Courts of Appeal · Decided July 20, 2007 · Lawson, Palmer, Thompson
961 So. 2d 1042; 2007 Fla. App. LEXIS 10998; 2007 WL 2065775 (Southern Reporter, Second Series)

Geremia v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Florida v. Nixon, 543 U.S. 175, 186-87, 125 S.Ct. 551, 160 L.Ed.2d 565 (2004) (reversing Nixon v. State, 857 So.2d 172 (Fla. 2003), because Florida Supreme Court erroneously held that “counsel’s failure to obtain the defendant’s express consent to a strategy of conceding guilt ... automatically renders counsel’s performance deficient”); Harvey v. State, 946 So.2d 937, 943-44 (Fla. 2006) (noting counsel said nothing more to jury than what defendant said in confession counsel knew would be heard by jury); Davis v. State, 928 So.2d 1089, 1116 (Fla. 2005) (holding counsel’s strategic decisions did not constitute ineffective assistance).

PALMER, C.J., THOMPSON and LAWSON, JJ., concur.

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