Legal Opinion

Scott v. State

District Court of Appeal of Florida

Decided May 19, 2006No. 5D05-2300Published

1Per curiam

Appellant challenges the trial court’s order denying his motion for post-conviction relief brought pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order in all respects except Appellant’s claim that his counsel was ineffective for failing to object to the introduction of a mugshot photograph of him. The lower court erred when it summarily denied this claim. See Washington v. State, 705 So.2d 132 (Fla. 4th DCA 1998) (where photographs identified. as “police” photos had tape to cover numbers and detective was told to disregard any numbers he may have seen on…

2Cases cited2 opinions

  1. Cardali v. StateDistrict Court of Appeal of Florida · 2001
  2. Washington v. StateDistrict Court of Appeal of Florida · 1998

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