PHILLIP DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE.

Fla. 3d DCA | 2019-02-27
No. 3D17-0032
Per Curiam
271 So. 3d 96 Florida District Court of Appeal, Third District (2019)

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Synopsis

Appellant Davis challenged his conviction on grounds of ineffective assistance of counsel. The Florida District Court of Appeal, Third District, affirmed the conviction, applying the two-prong Strickland test requiring the defendant to show both deficient performance and resulting prejudice.


Holding

The court affirmed Davis's conviction, finding that Davis failed to satisfy the requirements of the Strickland test for ineffective assistance of counsel claims.


Headnotes

[1] A defendant claiming ineffective assistance of counsel must establish both deficient performance by counsel and resulting prejudice to the defense; failure to prove eithe…

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Key Quotes

“A convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient... Second, the defendant must show that the deficient performance prejudiced the defense.”

Establishes the foundational two-prong test for ineffective assistance of counsel claims that must be satisfied

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Facts & Procedural History

The opinion does not specify detailed facts about the underlying crime or conviction. The case appears to involve a challenge to the adequacy of couns…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

*97Affirmed. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) ("A convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings , it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable." (emphasis added)); Connolly v. State, 172 So.3d 893 (Fla. 3d DCA 2015) (finding no fundamental error where the imperfection of the information did not mislead the defendant as he still had notice of the appropriate statute alleged to be violated); Mesa v. State, 632 So.2d 1094 (Fla. 3d DCA 1994) (finding no error despite failure to allege an essential element of the crime charge where "the charging document references the specific section of the criminal code which the defendant is charged with violating"); cf. Knight v. State, 253 So.3d 22 (Fla. 3d DCA 2017) (finding error where the charging instrument failed to allege statute violated and essential elements of the crime).


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