Pace v. State, 826 So. 2d 996 (Fla. 3d DCA 2001). · Go Syfert
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Pace v. State, 826 So. 2d 996 (Fla. 3d DCA 2001). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Jessie Floyd v. State of Florida (fladistctapp, 2018-10-31)
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) Jessie Floyd v. State of Florida
Fla. Dist. Ct. App. · 2018 · confidence medium
See Jackson v. State, 127 So. 3d 706, 706 (Fla. 4th DCA 2013) (taking judicial notice of the record in the defendant’s previous postconviction appeal in affirming the denial of a subsequent postconviction motion); Pace v. State, 826 So. 2d 996, 997 (Fla. 3d DCA 2001) (taking judicial notice of the file in the appellant’s direct appeal in order to resolve a postconviction appeal). 6 For an out-of-court identification to be suppressed, it must be shown that (1) the police used an unnecessarily suggestive procedure, and (2) the suggestive procedure gave rise to a substantial likelihood of irr…
discussed Cited as authority (rule) Fisher v. State
Ind. Ct. App. · 2007 · confidence medium
See Rash v. State, 968 So.2d 552, 554 (Ala.Crim.App.2006); In re Torres, 177 Vt. 507, 861 A.2d 1055, 1057 (2004); State v. Parmar, 263 Neb. 213 , 639 N.W.2d 105, 108 (2002), cert. denied, 537 U.S. 845 , 123 S.Ct. 183 , 154 L.Ed.2d 72 (2002); Pace v. State, 826 So.2d 996, 997 (Fla.Ct.App.2001); Hodge v. State, 749 S.W.2d 423, 424 (Mo.Ct.App.1988); Helton v. State, 530 S.W.2d 781, 783 (Tenn.Crim.App.1975); State v. Deats, 83 N.M. 154 , 489 P.2d 662, 665 (N.M.Ct.App.1971); Smith v. State, 199 Kan. 293 , 429 P.2d 103, 106 (1967). 2 .
Marco PACE
v.
The STATE of Florida
No. 3D00-3550.
District Court of Appeal of Florida, Third District.
Jan 10, 2001.
826 So. 2d 996
Marco Pace, in proper person., Robert A. Butterworth, Attorney General, for appellee.
Cope, Gersten, Green.
Cited by 2 opinions  |  Published
PER CURIAM.

Marco Pace appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm.

Defendant-appellant Pace was convicted of strong-arm robbery, by snatching a chain from the neck of the victim. He contends that the evidence was legally insufficient to amount to a strong-arm robbery, and that he was guilty of, at most, theft. He argues that his trial counsel was ineffective for failure to raise this point in the trial court. The trial court denied relief and defendant has appealed. We have taken judicial notice of the file in defendant’s direct appeal. See Pace v. State, 766 So.2d 1055 (Fla. 3d DCA 2000). The transcript reflects that the defendant’s trial counsel argued the above-stated issue of legal sufficiency by motion for judgment of acquittal at the close of the State’s case, and renewed the motion at the close of all of the evidence. That being so, the claim of ineffective assistance of trial counsel is without merit. See also McCrae v. State, 437 So.2d 1388,1390 (Fla.1983).

Affirmed.