ANGEL JOMOLLA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-09-16
No. 3D09-1442
Before GERSTEN and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.
19 So. 3d 415 Florida District Court of Appeal, Third District (2009)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Reyes v. State, 920 So.2d 1171 (Fla. 3d DCA 2006) (holding that where results would not have been different but for counsel’s error, the defendant has not proven prejudice as required under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)); see also Jomolla v. State, 990 So.2d 1234, 1238 (Fla. 3d DCA 2008) (finding that the State did not argue the erroneous theory or rely upon it in the prosecution’s case).


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