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40 So. 3d 768

Clarke v. State

District Court of Appeal of Florida

Decided August 19, 2009

District Court of Appeal of Florida · decided 2009-08-19

Relies on Strickland v. Washington · 490 So. 2d 927 - Maxwell v. Wainwright · 838 So. 2d 1140 - Amendment to Rules Regulating the Florida Bar re Rules of Professional Conduct

Decided 2009-08-19

PER CURIAM.

¶1 This is an appeal from the denial, after an evidentiary hearing, of a Florida Rule of Criminal Procedure 3.850 motion claiming ineffective assistance of counsel in the trial resulting in the judgment affirmed in Clarke v. State, 838 So.2d 1163 (Fla. 3d DCA 2003) (table). While the issue of whether counsel’s representation fell below the required standard may present at least an arguable position, we find that the post-conviction court did not err in concluding that the second prong of the Strickland standard, cognizable prejudice, had not been satisfied. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Maxwell v. Wainwright, 490 So.2d 927 (Fla.1986); Ridel v. State, 990 So.2d 581 (Fla. 3d DCA 2008); Giralt v. State, 935 So.2d 599 (Fla. 3d DCA 2006).

¶2 Affirmed.

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