Florida District Courts of Appeal, 2011

Monestime v. State

Florida District Courts of Appeal · Decided October 5, 2011 · No. 3D10-800 · Lagoa, Ramirez, Rothenberg

88 So. 3d 204; 2011 WL 4578316; 2011 Fla. App. LEXIS 15729 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Curry v. Secretary, Florida Department of Corrections (United States District Court for the Middle District of Florida 2019)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Welch Monestime appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion alleging ineffective assistance of trial counsel. After an evidentiary hearing, the trial court based its ruling on a credibility determination in favor of trial counsel. This Court will not substitute its judgment for that of the trial court on issues of credibility as long as the trial court’s findings are supported by competent substantial evidence. See Gore v. State, 846 So.2d 461, 468 (Fla. 2003). Because the trial court’s findings here were supported by trial counsel’s testimony, we affirm.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.