Florida District Courts of Appeal, 1988

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided February 23, 1988 · Barkdull, Nesbitt, Schwartz
520 So. 2d 650; 13 Fla. L. Weekly 521; 1988 Fla. App. LEXIS 692; 1988 WL 12519 (Southern Reporter, Second Series)

Perez v. State

Opinion of the Court

PER CURIAM.

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.

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