DARRIUS WILLIAM MILLER v. STATE OF FLORIDA

SIXTH DISTRICT COURT OF APPEAL
STATE OF F LORIDA
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Case No. 6D2024-1355
Lower Tribunal No. 2016-CF-009530-A-O
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D ARRIUS WILLIAM MILLER,
Appellant,
v.
S TATE OF FLORIDA,
Appellee.
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Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Orange County.
Leticia Marques, Judge.
January 9, 2026
PER CURIAM.
AFFIRMED. See Fla. R. App. P. 9.141(b)(2)(D) (establishing that the summary
denial of all claims raised in a motion for postconviction relief under Florida Rule of
Criminal Procedure 3.850, without an evidentiary hearing, is appropriate if “the record
shows conclusively that the appellant is entitled to no relief”); State v. Upton, 658 So. 2d
86, 87 (Fla. 1995) (“An effective waiver of a constitutional right must be knowing,
voluntary, and intelligent” (citing Brady v. United States, 397 U.S. 742 (1970))); Ross v.
State, 392 So. 2d 23, 24 (Fla. 4th DCA 1980) (Anstead, J., concurring specially) (“[E]ven

2
if a prima facie showing of failure to render reasonably effective assistance of counsel has
been made, such ineffective assistance was known to defendant at time of trial, knowingly
and voluntarily concurred in by him, and cannot support this collateral attack. . . . Even
though his complaint of ineffective assistance of counsel is of constitutional dimension, he
has knowingly waived the error, consenting thereto.” (citations omitted)); see generally
Chames v. DeMayo, 972 So. 2d 850, 860 (Fla. 2007) (observing that “a trend has developed
toward permitting the [knowing, voluntary, and intelligent] waiver of constitutional rights,
especially rights given to criminal defendants” (collecting cases)).
NARDELLA, WOZNIAK and PRATT, JJ., concur.
Susanne Sichta and Rick Sichta, of The Sichta Firm, LCC, Jacksonville, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant
Attorney General, Daytona Beach, for Appellee
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF TIMELY FILED