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405 So. 2d 775

Tossie v. State

District Court of Appeal of Florida

Decided November 11, 1981

District Court of Appeal of Florida · decided 1981-11-11

Cited by 2 later decisions — most recently April 1983

2 state decisions

Relies on Ables v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-11-11

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DAUKSCH, Chief Judge,

¶1concurring specially:

¶2I 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).

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