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Young v. State7/6/2001
ounsel).
In addition, Young has failed to allege or show prejudice. Even if he did swallow cocaine after the accident, the outcome of the proceeding would not change because he admitted to the examining doctor that he was drunk at the time of the accident, and because alcohol, marijuana and cocaine were shown in the blood toxicology report. Furthermore, this court has held that where a defendant claims ineffective assistance in connection with a plea of no contest or guilty, the defendant must allege that he had a viable defense, which Young has not done. See Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991); but see Cousino v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000)(allegation defendant would not have entered plea but for counsel's omission sufficient to show prejudice and allegation that there was a viable defense is not required); Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999)(same).
AFFIRMED in part; REVERSED in part; REMANDED.
COBB and SAWAYA, JJ., concur.
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