Tossie v. State (405 So. 2d 775, 1981)

PER CURIAM.

AFFIRMED.

See Ables v. State, 404 So.2d 137 (Fla. 5th DCA 1981).

FRANK D. UPCHURCH, Jr. and CO-WART, JJ., concur.

DAUKSCH, C. J., concurs specially with opinion.

DAUKSCH, Chief Judge,

concurring specially:

I agree we should affirm the decision of the trial judge but I do not understand the basis for the lower court’s statement that it was “without authority or means to determine” the issue of ineffective assistance of counsel. It is that very court which should determine that issue if it is properly pleaded by holding a hearing, taking evidence, making findings and reaching a decision. Ables v. State, 404 So.2d 137 (Fla. 5th DCA 1981).