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Hodgson v. State

District Court of Appeal of Florida, Third District.
Oct 20, 2021
327 So. 3d 966 (Fla. Dist. Ct. App. 2021)

Opinion

No. 3D19-2178

10-20-2021

Antonio HODGSON, Appellant, v. The STATE of Florida, Appellee.

The Law Office of Robert David Malove, P.A., and Robert David Malove (Fort Lauderdale), for appellant. Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee.


The Law Office of Robert David Malove, P.A., and Robert David Malove (Fort Lauderdale), for appellant.

Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee.

Before LOGUE, LINDSEY and HENDON, JJ.

PER CURIAM.

Antonio Hodgson appeals the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 alleging numerous claims of ineffective assistance of trial counsel. Because we find that Hodgson's claims were either conclusively refuted by the record, presented meritless issues, or were previously adjudicated on direct appeal, we affirm the trial court's well-reasoned order. See McLin v. State, 827 So. 2d 948, 954 (Fla. 2002) ("To uphold the trial court's summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record."); Lukehart v. State, 70 So. 3d 503, 512 (Fla. 2011) ("[C]ounsel cannot be deemed ineffective for failing to make a meritless argument." quoting Schoenwetter v. State, 46 So. 3d 535, 546 (Fla. 2010) ). We further affirm Hodgson's resentencing. Any comments by the trial court regarding the factors for sentencing a juvenile offender to a life sentence were harmless because Hodgson was neither sentenced to life imprisonment nor a term of years equal to life imprisonment. § 921.1401(2), Fla. Stat. (2019) (enumerating factors for "determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence" in a case involving a juvenile offender).

Affirmed.


Summaries of

Hodgson v. State

District Court of Appeal of Florida, Third District.
Oct 20, 2021
327 So. 3d 966 (Fla. Dist. Ct. App. 2021)
Case details for

Hodgson v. State

Case Details

Full title:Antonio HODGSON, Appellant, v. The STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Oct 20, 2021

Citations

327 So. 3d 966 (Fla. Dist. Ct. App. 2021)