Anthony M. Wait v. State of Florida

I respectfully dissent, because Appellant established that he was entitled to relief under Lafler v. Cooper, 566 U.S. 156, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), and Alcorn v. State, 121 So.3d 419 (Fla. 2013). Defense counsel provided ineffective assistance to Appellant by affirmatively advising him that he had a “possibility” of obtaining an acquittal, when under the “facts and circumstances” of this ease, Appellant had a zero possibility of obtaining an acquittal. Cfi Morgan v. State, 991 So.2d 835, 841 (Fla. 2008) (affirming denial of eviden-tiary hearing where, although defense counsel…