Silva v. State

The appellant, in 1972, was charged with three capital crimes. He had voluntarily confessed to the crimes, his fingerprints were found at the scenes, as well as other tangible evidence belonging to him, plus he was positively identified. Faced with this situation, counsel was able to negotiate a nolo plea in exchange for a sentence on each of the convictions to a term of years. Thereafter, the final judgment and conviction were appealed. See Seay v. State, 286 So.2d 532 (Fla.1973).

Some thirteen years later, the appellant filed a motion alleging ineffectiveness of counsel. The trial court…