Agatheas v. State

I disagree with the majority’s conclusion that the Fourth District’s decision in Agatheas v. State, 28 So.3d 204 (Fla. 4th DCA 2010), expressly and directly conflicts with the Fifth District’s decision in Moore v. State, 1 So.3d 1177 (Fla. 5th DCA 2009). Accordingly, I would discharge jurisdiction.

In Moore, the Fifth District held that the postconviction court erred in summarily denying Moore’s claim that her trial counsel was ineffective in failing to object when the State introduced evidence of several firearms discovered at Moore’s house. Id. at 1178. In so holding, the Fifth District…