PRICE v. STATE (2021)

District Court of Appeal of Florida, Third District.

Alan PRICE, Appellant, v. The STATE of Florida, Appellee.

No. 3D21-83

Decided: June 23, 2021

Before EMAS, C.J., and HENDON and MILLER, JJ.

Law Office of Alex John Saiz PLLC, and Alex John Saiz, for appellant. Ashley Moody, Attorney General, for appellee.

Affirmed. See Atwater v. State, 300 So. 3d 589, 590-91 (Fla. 2020) (observing that the United States Supreme Court in McCoy v. Louisiana, ––– U.S. ––––, 138 S. Ct. 1500, 200 L.Ed.2d 821 (2018) “did not hold that counsel is required to obtain the express consent of a defendant prior to conceding guilt. Instead, the [McCoy] Court held that if a defendant ‘expressly asserts that the objective of ‘his defence’ [quoting U.S. Const. amend. VI] is to maintain innocence of the charged criminal acts, his lawyer must abide by that objective and may not override it by conceding guilt.’ Because McCoy ‘vociferously insisted that he did not engage in the charged acts and adamantly objected to any admission of guilt,’ the Supreme Court found that counsel's concession of guilt violated McCoy's ‘[a]utonomy to decide that the objective of the defense is to assert innocence.’ ” (quoting McCoy, 138 S. Ct. at 1505, 1508, 1509)).

PER CURIAM.

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