Public-domain · open source
OpenJurist

128 So. 3d 197

State v. McKiver

District Court of Appeal of Florida

Decided December 6, 2013

District Court of Appeal of Florida · decided 2013-12-06

Relies on Strickland v. Washington · 46 So. 3d 535 - Schoenwetter v. State · 70 So. 3d 472 - Johnston v. State

Decided 2013-12-06

PER CURIAM.

¶1The State appeals the trial court order granting Appellee’s Motion for Post Conviction Relief under rule 3.850, Florida Rules of Criminal Procedure. As the Florida Supreme Court has held:

[T]wo requirements must be satisfied for ineffective assistance of counsel claims to be successful under the Strickland[1] standard: First, a defendant must show that counsel’s actions or omissions were deficient; and second, the deficiency established must further be shown to have so affected the proceeding that confidence in the outcome is undermined.

¶2Johnston v. State, 70 So.3d 472, 477 (Fla. 2011) (citing Schoenwetter v. State, 46 So.3d 535, 545-46 (Fla.2010)). We conclude that Appellee failed to meet his burden of establishing either prong under Strickland and therefore vacate the order *198under review and order that the judgment and sentence be reinstated.

¶3Order vacated; Judgment and Sentence Reinstated.

SAWAYA, LAWSON, and WALLIS, JJ., concur.

¶4. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

/128/so3d/197 · .json · Public domain