ALAN PRICE v. THE STATE OF FLORIDA

Third District Court of Appeal
State of Florida
Opinion filed June 23, 2021.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-83
Lower Tribunal No. F83-29301
________________
Alan Price,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Lourdes Simon, Judge.
Law Office of Alex John Saiz PLLC, and Alex John Saiz, for appellant.
Ashley Moody, Attorney General, for appellee.
Before EMAS, C.J., and HENDON and MILLER, JJ.
PER CURIAM.
Affirmed. See Atwater v. State, 300 So. 3d 589, 590-91 (Fla. 2020)
(observing that the United States Supreme Court in McCoy v. Louisiana, ___
U.S. ___, 138 S. Ct. 1500, 200 L.Ed.2d 821 (2018) “did not hold that counsel
is required to obtain the express consent of a defendant prior to conceding
guilt. Instead, the [McCoy] Court held that if a defendant ‘expressly asserts
that the objective of ‘his defence’ [quoting U.S. Const. amend. VI] is to
maintain innocence of the charged criminal acts, his lawyer must abide by
that objective and may not override it by conceding guilt.’ Because McCoy
‘vociferously insisted that he did not engage in the charged acts and
adamantly objected to any admission of guilt,’ the Supreme Court found that
counsel's concession of guilt violated McCoy's ‘[a]utonomy to decide that the
objective of the defense is to assert innocence.’” (quoting McCoy, 138 S. Ct.
at 1505, 1508, 1509)).
2