COTTO
v.
STATE

Fla. 3d DCA | 2019-03-20
No. 17-0537
271 So. 3d 1130 Florida District Court of Appeal, Third District (2019)

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Holding

A defendant's post-conviction claim of ineffective assistance of counsel must demonstrate both deficient performance and prejudice to succeed.


Headnotes

[1] To succeed on an ineffective assistance of counsel claim under Strickland v. …

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Key Quotes

“A convicted defendant's claim that counsel's assistance was so defective as to require reversal . . . has two components. First, the defendant must show that counsel's performance was deficient . . . Second, the defendant must show that the deficient performance prejudiced the defense.”

Statement of the Strickland v. Washington standard for ineffective assistance of counsel claims

Facts & Procedural History

Appellant sought post-conviction relief alleging ineffective assistance of counsel. Following an evidentiary hearing, the trial court denied the motio…

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Opinion of the Court

PER CURIAM.

Following a protracted evidentiary hearing, appellant failed to “demonstrate both deficiency and prejudice,” thus we affirm the trial court’s denial of appellant’s motion for postconviction relief. See Strickland v. Washington, 466

U.S. 668, 687 (1984) (“A convicted defendant’s claim that counsel’s assistance was so defective as to require reversal . . . has two components. First, the defendant must show that counsel’s performance was deficient . . . Second, the defendant must show that the deficient performance prejudiced the defense.”);

Krawczuk v. State, 92 So. 3d 195, 202 (Fla. 2012) (“[T]his Court has held that for ineffective assistance of counsel claims to be successful, the defendant must demonstrate both deficiency and prejudice.”) (citing Bolin v. State, 41 So. 3d 151,

155 (Fla. 2010)).


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