Terrance Duncan v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 1, 2020
Docket3D18-2587
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 1, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-2587
Lower Tribunal Nos. 12-24880, 14-45, & 15-8858
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Terrance Duncan,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal from the Circuit Court for Miami-Dade County, Spencer Multack,
Judge.
Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant.
Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney
General, for appellee.
Before SCALES, MILLER, and GORDO, JJ.
PER CURIAM.
Affirmed. See Rodriguez v. State, 223 So. 3d 1095, 1097 (Fla. 3d DCA 2017)
(โThe record, which includes the plea colloquy, clearly refutes these claims, and
under Florida law, a defendant is bound by the statements he makes under oath
during a plea colloquy.โ) (citations omitted); see also Jackson v. State, 147 So. 3d
469, 482 (Fla. 2014) (โ[C]ounsel cannot be deemed ineffective merely because
current counsel disagrees with trial counsel's strategic decisions . . . [S]trategic
decisions do not constitute ineffective assistance of counsel if alternative courses
have been considered and rejected and counselโs decision was reasonable under the
norms of professional conduct.โ) (second and third alterations in original) (citation
omitted).
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