Dowdy v. State

Full title: Brandon Dowdy, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Apr 24, 2024

388 So. 3d 1073 (Fla. Dist. Ct. App. 2024)

Opinion

No. 3D22-1421

04-24-2024

Brandon DOWDY, Appellant, v. The STATE of Florida, Appellee.

Brandon Dowdy, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.

PER CURIAM.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge. Lower Tribunal No. F15-18110

Brandon Dowdy, in proper person.

Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.

Before FERNANDEZ, SCALES and BOKOR, JJ.

PER CURIAM.

Affirmed. See Franklin v. State, 137 So. 3d 969, 980 (Fla. 2014) (explaining that the defendant carries the burden to "overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy") (citation omitted); see also Dennis v. State, 109 So. 3d 680, 690 (Fla. 2012) (noting that "counsel cannot be deemed ineffective for failing to make a meritless argument").