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Tolliver v. State, Case No. 5D08-137 (Fla. App. 6/12/2009) (Fla. App., 2009)

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KELVIN TOLLIVER, et al., Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D08-137. Case No. 5D08-187. District Court of Appeal of Florida, Fifth District. Opinion filed June 12, 2009.Appeal from the Circuit Court for Orange County, Jay P. Cohen, Judge. Adam H. Sudbury, of Dorough, Calzada, Soto & Sudbury LLP, Orlando, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. PALMER, C.J., In this consolidated appeal, Kelvin Tolliver and Diamond Williams (defendants) appeal their judgments and sentences which were entered by the trial court after a jury found the men guilty of committing the crime of armed robbery. Finding no reversible error, we affirm. We write to address concerns arising from statements made by counsel during oral argument indicating that an affirmance by this court in this matter might be used to later argue that the defendants are not entitled to pursue post-conviction relief for alleged ineffective assistance of counsel claims due to the fact that such claims were raised in this direct appeal...continue to full post

Full post as published by Florida Criminal Law Opinions on June 12, 2009 (boomark / email).