PAUL GULLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of ineffective assistance of counsel claim under Rule 3.850, finding allegations legally insufficient and that trial counsel's decisions regarding witness calls and evidentiary objections were matters of trial strategy.
Allegations of ineffective assistance of counsel based on failure to call witnesses and failure to object to evidence are legally insufficient and constitute matters of trial strategy rather than grounds for relief.
[1] Trial counsel's decisions regarding which witnesses to call and which evidentiary objections to raise constitute matters of trial strategy and judgment not cognizable as…
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Join FLexlaw to unlock all legal intelligenceAppellant Gulley filed a motion under Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of trial counsel based on counsel's fai…
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PER CURIAM.
While the issue of ineffective assistance of trial counsel is properly raised in a motion pursuant to Fla.R.Crim.P. 3.850, the allegations of ineffective assistance of counsel contained in appellant’s motion were legally insufficient, thus the trial court did not err in failing to attach a copy of the portion of the files and records to show appellant is not entitled to relief or to hold a hearing.1 See Knight v. State, 394 So. 2d 997 (Fla.1981). In addition, the allegations with regard to failure to call witnesses and object to the admissibility of certain evidence were matters within the judgment and strategy of trial counsel, and not proper grounds for relief. See Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981).
AFFIRMED.
JOANOS, WIGGINTON and ZEHMER, JJ., concur. . While this appeal was being considered by this court, the trial court held a hearing on the issue of ineffective assistance of counsel and entered an amended final order denying relief finding the allegation was completely baseless and without merit. The trial judge apparently did not realize his earlier order had been appealed, however, the trial court was without jurisdiction to proceed with the case and enter the amended final order. Fla.R.App.P. 9.600. Our awareness of the further proceedings does not alter our conclusion that the allegations of ineffective assistance of counsel were legally insufficient.
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Nolan v. Altman, 449 So. 2d 898 (Fla. 1st DCA 1984)…mplates a two-step procedure under which judgment is first entered on liability, and then, after any appeals, attorney’s fees are awarded.” B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070, 1072 (Fla. 2d DCA 1983) (e.s.). Accord Jeffcoat v. Heinicka, 436 So. 2d 1042 (Fla. 2d DCA 1983). Altman has cited several Florida cases in which parties seeking attorney’s fees, after the entry of voluntary dismissal, have been considered “prevailing parties” for purposes of awarding attorney’s fees, notwithstanding that the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981)