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Perez v. State

District Court of Appeal of Florida, Third District
Feb 23, 1988
520 So. 2d 650 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-817.

February 23, 1988.

Appeal under Florida Rule of Appellate Procedure 9.140(g) from the Circuit Court, for Dade County; Gerald Kogan, Judge.

Mark Alan Levine, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.


After a full evidentiary hearing, the trial court concluded that defense counsel's alleged deficiencies of failing to object to evidence presented by the state would, under proper objection, have been cured and overcome by the state, and that the remaining deficiencies were simply tactical in nature. More importantly, on the assumption that the deficiencies were established, the trial court nonetheless found that under the circumstances, they would not have altered the result. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The order denying the defendant's motion for post-judgment relief made pursuant to Florida Rule of Criminal Procedure 3.850 is affirmed.


Summaries of

Perez v. State

District Court of Appeal of Florida, Third District
Feb 23, 1988
520 So. 2d 650 (Fla. Dist. Ct. App. 1988)
Case details for

Perez v. State

Case Details

Full title:ROBERT PEREZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 23, 1988

Citations

520 So. 2d 650 (Fla. Dist. Ct. App. 1988)