Florida District Courts of Appeal, 2009

Jomolla v. State

Jomolla v. State
Florida District Courts of Appeal · Decided September 16, 2009 · Cortiñas, Gersten, Schwartz
19 So. 3d 415; 2009 Fla. App. LEXIS 13933; 2009 WL 2949306 (Southern Reporter, Third Series)

Jomolla v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Reyes v. State, 920 So.2d 1171 (Fla. 3d DCA 2006) (holding that where results would not have been different but for counsel’s error, the defendant has not proven prejudice as required under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)); see also Jomolla v. State, 990 So.2d 1234, 1238 (Fla. 3d DCA 2008) (finding that the State did not argue the erroneous theory or rely upon it in the prosecution’s case).

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