From Casetext: Smarter Legal Research

Vaz v. State

District Court of Appeal of Florida, Third District
Nov 9, 1993
626 So. 2d 1022 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1332.

November 9, 1993.

Appeal from the Circuit Court for Dade County, Arthur Maginnis, J.

Friend Fleck and Geoffrey C. Fleck, South Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellee.

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


In Adams v. State, 585 So.2d 1092, 1094 (Fla. 3d DCA 1991), we held that the trial court's allowance of fifteen minutes for closing argument, following a two-day trial, was "simply not enough and deprived appellant of a fair trial." Adams's attorney preserved the error for review by a specific and contemporaneous objection to the time limitation. Vaz, who was Adams's codefendant in their joint trial, brings this appeal from an order denying post-conviction relief on a motion which alleges ineffectiveness of his counsel for failure to join in the objection of Adams's counsel.

We held in State v. Stirrup, 469 So.2d 845 (Fla. 3d DCA 1985), that the crucial test in a claim of ineffective assistance of counsel is whether counsel's errors had an effect on the judgment of conviction (citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)). Because it is now apodictic that the result of the proceeding would have been different, i.e., a reversal of the conviction, but for counsel's omission, we conclude that ineffectiveness has been established. There is no showing whatever that the failure to object to the time limitation was in the pursuit of a tactical advantage.

Reversed and remanded.


Summaries of

Vaz v. State

District Court of Appeal of Florida, Third District
Nov 9, 1993
626 So. 2d 1022 (Fla. Dist. Ct. App. 1993)
Case details for

Vaz v. State

Case Details

Full title:MARIO RADAMES VAZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 9, 1993

Citations

626 So. 2d 1022 (Fla. Dist. Ct. App. 1993)

Citing Cases

State v. Chattin

Here we apply this second prong in the context of a claim of ineffective assistance of counsel for failure to…

State v. Bouchard

show that had his counsel preserved the issues, this court likely would have reversed his conviction on…