ANTHONY VALDES
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-04-24
No. 2023-1028
2024 FL 4642 Florida District Court of Appeal, Third District (2024)

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Holding

The appellant failed to demonstrate that counsel's performance was deficient or that any deficiency prejudiced the defense under the Strickland standard.


Headnotes

[1] Strategic decisions by trial counsel rarely constitute ineffective assistance of counsel under the Strickland standard.

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Facts & Procedural History

Anthony Valdes appealed from a conviction in Monroe County, challenging the effectiveness of his counsel's representation at trial.…

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Opinion of the Court

Opinion filed April 24, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1028 Lower Tribunal No. 16-182-A-K

________________

Anthony Valdes,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge. Donald C. Barrett, P.A., and Donald C. Barrett, for appellant. Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee. Before SCALES, GORDO and BOKOR, JJ. PER CURIAM. Affirmed. Strickland v. Washington, 466 U.S. 668, 687–88 (1984) (setting forth two-part test for ineffective assistance claim); Occhicone v. State, 768 So. 2d 1037, 1048 (Fla. 2000) (explaining that strategic decisions of counsel rarely rise to the level of ineffective assistance); see also Miller v. State, 161 So. 3d 354, 364 (Fla. 2015) (“Ineffective assistance claims are reviewed under a mixed standard of review because the performance and prejudice prongs of Strickland present mixed questions of law and fact.”).


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