EXZAVIER ROBINSON
v.
THE STATE OF FLORIDA
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A habeas corpus petition based on appellate counsel's alleged ineffectiveness for failing to raise trial counsel's ineffectiveness claims lacks merit when the underlying ineffectiveness claim was already squarely rejected on direct appeal.
[1] A habeas corpus petition challenging appellate counsel's ineffectiveness for failing to raise trial counsel ineffectiveness claims on direct appeal lacks merit when the u…
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Join FLexlaw to unlock all legal intelligenceExzavier Robinson was convicted of first-degree felony murder. He claimed his trial counsel was constitutionally ineffective for failing to argue that…
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PER CURIAM. Petitioner, Exzavier Robinson, seeks relief in habeas corpus from his first-degree felony murder conviction. In his petition, he alleges his appellate counsel was constitutionally ineffective for failing to raise his trial counsel’s ineffectiveness on direct appeal. His claim rests on the contention that his trial counsel was deficient for failing to argue that he was, at best, an accessory after the fact to the robbery underlying his felony murder conviction. See § 777.03, Fla. Stat. (2017). Robinson raised this claim in the trial court, and it was squarely rejected. We affirmed that decision on appeal. See Robinson v. State, No. 3D23-0732, 2023 WL 5425345, at *1 (Fla. 3d DCA Aug. 23, 2023). Accordingly, the petition provides no basis for relief. See Swafford v. Dugger, 569 So. 2d 1264, 1268 (Fla. 1990); Hardwick v. Dugger, 648 So. 2d 100, 106–07 (Fla. 1994); Rutherford v. Moore, 774 So. 2d 637, 647, 649 (Fla. 2000).
Petition denied.
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Exzavier Robinson v. State (Fla. 3d DCA 2023)…fact to the robbery underlying his felony murder conviction. See § 777.03, Fla. Stat. (2017). Robinson raised this claim in the trial court, and it was squarely rejected. We affirmed that decision on appeal. See Robinson v. State, No. 3D23-0732, 2023 WL 5425345, at *1 (Fla. 3d DCA Aug. 23, 2023). Accordingly, the petition provides no basis for relief. See Swafford v. Dugger, 569 So. 2d 1264, 1268 (Fla. 1990); Hardwick v. Dugger, 648 So. 2d 100, 106–07 (Fla. 1994); Rutherford v. Moore, 774 So. 2d 637, 647…
Authorities Cited
- Rutherford v. Moore, 774 So. 2d 637 (Fla. 2000)
- Hardwick v. Dugger, 648 So. 2d 100 (Fla. 1994)
- Swafford v. Dugger, 569 So. 2d 1264 (Fla. 1990)
- Exzavier Robinson v. State (Fla. 3d DCA 2023)