Florida District Courts of Appeal, 2006

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided July 5, 2006 · Gunther, Hazouri, Klein
935 So. 2d 37; 2006 Fla. App. LEXIS 11174; 2006 WL 1816222 (Southern Reporter, Second Series)

Jackson v. State

Opinion of the Court

PER CURIAM.

Larry Keith Jackson appeals the summary denial of his rule 3.850 motion for post-conviction relief. At trial appellant was convicted of two counts of robbery with a firearm. In his motion he alleged that his attorney provided ineffective assistance by failing to discover a police report which included an eyewitness’s description of the robbery suspects. He also raised a related claim arguing that the state’s failure to provide this police report was a discovery violation. We affirm the denial of the motion because appellant has not shown that there is a reasonable probability the eyewitness’s testimony would have affected the outcome. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

GUNTHER, KLEIN and HAZOURI, JJ., concur.

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