FERNANDO FERNANDEZ
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-07-10
No. 2022-0594
Logue, C.J., Scales, J., Bokor, J., Milian, J.
2024 FL 8264 Florida District Court of Appeal, Third District (2024)

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Holding

Trial court factual findings on ineffective assistance of counsel claims are reviewed for competent, substantial evidence support, with appellate courts deferring to the trial court's credibility determinations and evidentiary weight assessments.

Headnotes

[1] On appeal from an evidentiary hearing on a claim of ineffective assistance of counsel, the trial court's factual findings regarding the deficiency and prejudice prongs ar…

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Key Quotes

“After an evidentiary hearing on a claim of ineffective assistance of counsel, we review the deficiency and prejudice prongs as 'mixed questions of law and fact subject to a de novo review standard but . . . the trial court's factual findings are to be given deference. So long as the [trial court's] decisions are supported by competent, substantial evidence, this Court will not substitute its judgment for that of the trial court on questions of fact and, likewise, on the credibility of the witnesses and the weight to be given to the evidence.'”

Standard of review for ineffective assistance of counsel claims on appeal
Facts & Procedural History

Fernando Fernandez appealed from a circuit court decision in Miami-Dade County regarding his claim of ineffective assistance of counsel.…

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Topics
Deficiency Prong Prejudice Prong Ineffective Assistance Of Counsel Claim Mixed Question Of Law And Fact

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D22-0594 Lower Tribunal No. F15-7406A ________________ Fernando Fernandez, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Alberto Milian, Judge. Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant. Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee. Before LOGUE, C.J., and SCALES and BOKOR, JJ.

PER CURIAM.

Affirmed. See Arbelaez v. State, 898 So. 2d 25, 32 (Fla. 2005) (“After an evidentiary hearing on a claim of ineffective assistance of counsel, we

Footnotes
2 review the deficiency and prejudice prongs as ‘mixed questions of law and fact subject to a de novo review standard but . . . the trial court's factual findings are to be given deference. So long as the [trial court's] decisions are supported by competent, substantial evidence, this Court will not substitute its judgment for that of the trial court on questions of fact and, likewise, on the credibility of the witnesses and the weight to be given to the evidence.’” (quoting Sochor v. State, 883 So. 2d 766, 781 (Fla. 2004))).

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