Whitmore v. State

In these consolidated cases, James Whitmore appeals the trial court’s summary denial of his Rule 3.850 motion, which alleged ineffective assistance of his trial counsel, and petitions for a writ of habeas corpus, alleging ineffectiveness of his appellate counsel. We affirm as to all Whitmore’s claims regarding ineffective assistance of trial counsel, but find merit in his claim that appellate counsel was ineffective in failing to challenge on appeal the trial court’s consideration of Whitmore’s lack of remorse and failure to accept responsibility at his sentencing. We agree that the trial…