Van Fuquay v. State

DAUKSCH, Chief Judge.

Appellant has raised the issue of incompetency of privately retained counsel in a criminal matter. In effect, he says he was denied due process and a fair trial because his trial counsel, not the same person as his appellate counsel, was incompetent and ineffective. This question has been answered in various cases and various Florida district courts where it has been held that no state action is involved in the alleged denial of due process or fair trial and appellant cannot complain about the ineffectiveness of his counsel whom he chose. State v. Garmise, 382 So.2d 769…