Opinion
No. 5D11–3538.
2012-03-9
David Wayne BRIDGES, Jr., Appellant, v. STATE of Florida, Appellee.
David W. Bridges, Jr., Quincy, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Appellee.
David W. Bridges, Jr., Quincy, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Appellee.
PALMER, J.
David Wayne Bridges, Jr. (defendant) appeals the trial court's order summarily denying his motion for postconviction relief filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. Determining that the trial court erred in denying ground one of the motion, we reverse as to that ground.
In order to demonstrate ineffective assistance of trial counsel under rule 3.850, Florida Rules of Criminal Procedure, a criminal defendant must show specific acts or omissions of counsel that were so serious that the attorney was not functioning as counsel guaranteed to the defendant by the Sixth Amendment of the Constitution of the United States. In order to be entitled to relief, however, the defendant must further establish prejudice by showing that there is a reasonable possibility that, but for counsel's unprofessional errors, the result of the proceeding would have been different. See Connor v. State, 979 So.2d 852 (Fla.2007) (quoting Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). State v. Grayson, 74 So.3d 562 (Fla. 5th DCA 2011).
In ground one, the defendant alleged two issues of ineffective assistance of counsel. First, he alleged that when the State filed a notice of Williams
COHEN and JACOBUS, JJ., concur.
1. See Williams v. State, 110 So.2d 654 (Fla.1959) (authorizing admission of similar fact evidence); see also § 90.404(2), Fla. Stat. (2009).