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579 So. 2d 145

Docket No. 90-2329.

Gonzalez v. State

Pedro GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 26, 1991.

Rehearing Denied June 7, 1991.

District Court of Appeal of Florida · decided 1991-03-26

Cited by 12 later decisions — most recently September 2001

12 state decisions

Key passage — most relied on by later courts

“Tactical or strategic decisions of counsel do not justify post conviction relief on the grounds of ineffective assistance of counsel.”

quoted by 1 later decision, including 649 So. 2d 255 - Mazard v. State

Relies on Strickland v. Washington · 492 So. 2d 355 - Buford v. State · 422 So. 2d 827 - Straight v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Decided 1991-03-26

View the full empirical analysis of this case →

¶1Roy L. Taylor and Margaret S. Brodsky, Miami, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

¶3Before NESBITT, COPE and GERSTEN, JJ.

¶4PER CURIAM.

¶5Appellant, Pedro Gonzalez, appeals the denial of his motion for post conviction relief. We affirm.

¶6On plenary appeal, this court affirmed appellant's conviction for first degree murder. *146Gonzalez v. State,543 So.2d 386 (Fla. 3d DCA 1989).

¶7Appellant then sought post conviction relief based on a claim of ineffective assistance of counsel. Appellant claimed that his attorney improperly admitted collateral evidence which prejudiced him.

¶8At the hearing on the motion, appellant's trial attorney testified that the decision to admit the evidence of which appellant now complains, was a joint one. Appellant's trial attorney testified that he and appellant discussed the risks and advantages of entering the complained of testimony into evidence. The attorney characterized these evidentiary decisions as "tactical."

¶9Tactical or strategic decisions of counsel do not justify post conviction relief. Buford v. State,492 So.2d 355 (Fla. 1986); Straight v. Wainwright,422 So.2d 827 (Fla. 1982). Even where the tactical decision evinces bad judgment, relief is not justified. Fisher v. State,239 So.2d 863 (Fla. 3d DCA 1970).

¶10Finally, in order to obtain relief, appellant must not only show that the errors committed by counsel fell outside the range of professionally acceptable performance, but also that there is a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different. Strickland v. Washington,466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The evidence against appellant was overwhelming and included the testimony of two eye witnesses.

¶11Accordingly, we affirm, finding that appellant has failed to show any basis for relief.

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