Third District Court of Appeal
State of Florida
Opinion filed December 1, 2021.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-448
Lower Tribunal No. F08-47434
________________
William Padron,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal conducted pursuant to Anders v. California,
386 U.S. 738
(1967), from the Circuit Court for Miami-Dade County, Nushin G. Sayfie,
Judge.
William Padron, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, C.J., and EMAS and BOKOR, JJ.
PER CURIAM.
Affirmed. See McCoy v. Louisiana, ___ U.S. ___,
138 S. Ct. 1500,
1509 (2018) (holding: “When a client expressly asserts that that the objective
of ‘his defence’ is to maintain innocence of the charged criminal acts, his
lawyer must abide by that objective and may not override it by conceding
guilt.”); Atwater v. State,
300 So. 3d 589, 591 (Fla. 2020) (affirming the trial
court’s denial of Atwater’s motion for postconviction relief, noting that, unlike
the defendant in McCoy, Atwater never expressed to counsel that he wished
to maintain his innocence or objected to any admission of guilt at trial: “The
crux of Atwater’s argument is to fault counsel for failing to discuss with
Atwater the potential trial strategy of conceding guilt”). See also Strickland
v. Washington,
466 U.S. 668, 687 (1984) (holding that a defendant must
establish both constitutionally deficient performance and resulting prejudice
that is ”so serious as to deprive the defendant of a fair trial, a trial whose
result is reliable. Unless a defendant makes both showings, it cannot be
said that the conviction. . . resulted from a breakdown in the adversary
process that renders the result unreliable.”)
2
