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Brown v. State

Florida Court of Appeal, Third District

January 4, 2012

Willie BROWN, Appellant,
v.
The STATE of Florida, Appellee.

Rehearing Denied Jan. 31, 2012.

Page 814

Willie Brown, in proper person.

Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before WELLS, C.J., and SHEPHERD, and SUAREZ, JJ.

WELLS, Chief Judge.

In these consolidated cases Willie Brown appeals from orders denying his Florida Rule of Criminal Procedure 3.850 motion [1] in which he raised the following ten claims of ineffective assistance of trial counsel:

I. Ineffective Assistance of Counsel:
Counsel's failure to inform and discuss with the Defendant a potential defense of an Independent Act where the evidence would have been supportive.
II. Ineffective Assistance of Counsel:
Counsel's misadvi[c]e interfered with Defendant's right to testify.
III. Ineffective Assistance of Counsel:
Counsel engaging in virtually no pretrial investigation, and advising Defendant not to testify, thus allowing [the] State's version of events to go uncontradicted.
IV. Ineffective Assistance of Counsel:
Counsel's misinformation to Defendant that a Defendant in a criminal proceeding can not be found guilty based upon circumstantial evidence, cause[d] an ...

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