GEORGE ROBINSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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George Robinson appeals the denial of his motion to vacate his conviction based on claims of ineffective assistance of counsel. The appellate court affirmed the trial court's denial, holding that Robinson's trial was not a mockery or farce and that his counsel's representation was adequate.
Robinson was not denied effective assistance of counsel. The trial was not a mockery or farce, he was acquitted of four of six charges, his defense theory was submitted to the jury, and the evidence was overwhelming on the conviction counts.
[1] To prevail on a motion to vacate judgment and sentence for ineffective assistance of counsel, a defendant must demonstrate that the trial was a mockery or a farce.
[2] Mishandling of a trial concerning matters of counsel's judgment or strategy does not constitute ineffective assistance of counsel.
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Join FLexlaw to unlock all legal intelligence“To prevail on a motion to vacate judgment and sentence on the ground of ineffective assistance of counsel, a defendant must demonstrate that his trial was a mockery or a farce.”
Establishes the legal standard for ineffective assistance of counsel claims in Florida at that time.
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Join FLexlaw to unlock all legal intelligenceRobinson was charged with five counts of robbery, five counts of aggravated assault, and unlawful possession of a firearm while engaged in a criminal …
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PER CURIAM.
George Robinson, the defendant, appeals an order denying his motion to vacate judgment and sentence following an evidentiary hearing.
Robinson was charged with five counts of robbery, five counts of aggravated assault and unlawful possession of a firearm while engaged in a criminal offense. An assistant public defender was appointed to represent him. On the day of his trial the State entered a nolle prosequi as to all five counts of aggravated assault and a jury trial was held on the remaining charges. At the conclusion of the trial, the jury found Robinson guilty of two counts of robbery and not guilty on the other charges. Judgment and sentence were then entered. Robinson perfected a plenary appeal and his conviction was affirmed.1 Thereafter, he filed the subject motion to vacate judgment and sentence (pursuant to Fla.R.Crim.P. 3.850) on the ground that he had been denied effective assistance of counsel. In essence Robinson argues that he was not informed about any aspect of the trial strategy and defense counsel never discussed with him whether or not he should testify in his own defense. After an evidentiary hearing the trial judge recited his extensive findings and then entered an order denying the motion to vacate. Robinson appeals the denial order. We affirm.
To prevail on a motion to vacate judgment and sentence on the ground of ineffective assistance of counsel, a defendant must demonstrate that his trial was a mockery or a farce. Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964); Quesada v. State, 321 So. 2d 442 (Fla. 3d DCA 1975). Further, mishandling of a trial with regard to matters falling within the judgment or strategy of counsel does not constitute ineffective assistance of counsel. Solloa v. State, 227 So. 2d 217 (Fla. 3d DCA 1969). After a perusal of the record we cannot conclude that Robinson’s trial was a mockery or a farce. He was acquitted of four of the six charges for which he was tried. Robinson attempted to mastermind his own defense and in fact his theory of the case 2 in addition to all other pertinent issues was submitted to the jury. The evidence was overwhelming with regard to the charges upon which he was found guilty. We find the representation of Robinson to have been adequate and the order denying the motion to vacate is affirmed.
Affirmed.
. See Robinson v. State, 351 So. 2d 1100 (Fla. 3d DCA 1977).
. That he was ripped off in that he gave $100 to one of the victims for drugs but did not receive any. He came back the next day and threatened this victim at gunpoint to return the money or to provide the drugs.
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Cited By
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Washington v. State, 397 So. 2d 285 (Fla. 1981)…he circumstances cross-examination could have accomplished little. Indeed, cross-examination is a trial tactic choice properly within counsel’s discretion. See Ross v. State, 392 So. 2d 23 (Fla. 4th DCA 1980) (concurring opinion); Robinson v. State, 378 So. 2d 1346 (Fla.3d DCA 1980). In conclusion, on the claims of ineffective counsel, the appellant has failed under the Knight criteria to make a prima facie showing of substantial deficiency or possible prejudice and has failed to such degree that we believe,…
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Gardner v. State, 405 So. 2d 470 (Fla. 3d DCA 1981)…rtain avenues of investigation which he found to be irrelevant to the present case, or felt would not be fruitful, was also a matter of trial tactic and strategy not open to attack. Washington v. State, 397 So. 2d 285 (Fla. 1981); Robinson v. State, 378 So. 2d 1346 (Fla. 3d DCA 1980). Appellant has not alleged, nor does the record show, any actual prejudice resulting from the asserted errors of his counsel. Two eyewitnesses to the robbery positively identified the appellant as the robber on three separate occa…
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Ross v. State, 392 So. 2d 23 (Fla. 4th DCA 1980)…pated in the charge conference, asking for all the lesser included offenses, successfully obtaining a lesser verdict under count two. Judgment matters on trial strategy and tactics cannot form the basis for post-conviction relief. Robinson v. State, 378 So. 2d 1346 (3 DCA 1980). 6. Even assuming reasonably ineffective assistance of counsel under the Sixth Amendment, the motion does not allege, [*25] and it cannot be shown at an evidentiary hearing herein, any State involvement therein by the Court, prosecutor…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)
- Solloa v. State, 227 So. 2d 217 (Fla. 3d DCA 1969)
- Delfin Quesada v. State, 321 So. 2d 442 (Fla. 3d DCA 1975)
- Robinson v. State, 351 So. 2d 1100 (Fla. 3d DCA 1977)