Florida District Courts of Appeal, 1988

State v. Baker

State v. Baker
Florida District Courts of Appeal · Decided February 11, 1988 · Cobb, Cowart, Sharp
519 So. 2d 1127; 13 Fla. L. Weekly 400; 1988 Fla. App. LEXIS 498; 1988 WL 8374 (Southern Reporter, Second Series)

State v. Baker

Opinion of the Court

PER CURIAM.

The state appeals from an order setting aside Baker’s conviction for aggravated assault with a firearm, following a hearing on his motions for post-conviction relief. Fla.R.Crim.P. 3.850. The trial court found that Baker’s trial counsel was sufficiently inept as to merit a new trial pursuant to Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We disagree.

After carefully reviewing the record, we do not think the nineteen grounds asserted by Baker as demonstrating his counsel's inadequate representation constitute poor professional performance, or if a few grounds have facial merit, that any prejudice to Baker was demonstrated which affected the outcome of the trial. We also conclude no fundamental error occurred with regard to the trial court’s imposition of a mandatory minimum sentence pursuant to section 775.087(2), Fla.Stat. (1985). Accordingly, we reverse the trial court’s order and reinstate the sentence and judgment of conviction.

SHARP, C.J., and COBB and COWART, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.