Mulvaney v. State

Scott P. MULVANEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 22, 2008.

Rehearing Denied December 19, 2008.

District Court of Appeal of Florida · decided 2008-10-22

Relies on Strickland v. Washington · 946 So. 2d 953 - Sanders v. State

Decided 2008-10-22

¶1Scott Mulvaney, Defuniak Springs, pro se.

¶2No appearance required for appellee.

¶3PER CURIAM.

¶4Affirmed. As found by the trial court, the postconviction motion is successive and untimely. Even if it were not, it fails to show Strickland^[1] prejudice as a matter of law. See Sanders v. State, 946 So.2d 953, 960 (Fla.2006) ("[A]s a matter of law, the possibility of a jury pardon cannot form the basis for a finding of prejudice under Strickland.").

¶5WARNER, FARMER and TAYLOR, JJ., concur.

NOTES

¶6[1] Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).