JOHN S. BUCHERIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Bucherie appealed denial of his motion to vacate his robbery conviction based on ineffective assistance of counsel. The Fourth District reversed, holding that Bucherie made a prima facie showing of prejudice from trial counsel's substantial deficiencies, requiring further proceedings.
The trial court erred in finding that trial counsel's deficiencies did not affect the trial's outcome. Bucherie made a prima facie showing of prejudice from substantial deficiencies in counsel's performance, entitling him to relief under the ineffective assistance of counsel standard.
[1] A defendant seeking post-conviction relief based on ineffective assistance of counsel must show a substantial deficiency that presents a prima facie showing of prejudice.
[2] A trial court's finding of attorney incompetence does not automatically warrant post-conviction relief if the deficiencies did not affect the outcome of the trial.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is never possible to know precisely what will affect a jury's determination of guilt or innocence. It is only necessary that the defendant show a substantial deficiency which "presents a prima facie showing of prejudice."”
Establishes the legal standard for ineffective assistance of counsel claims - a prima facie showing of prejudice from substantial deficiency is sufficient; actual prejudice need not be proven.
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Join FLexlaw to unlock all legal intelligenceBucherie was convicted of robbery with a weapon in June 1981 and sentenced to nine years. He appealed in 1982, and the court affirmed without opinion.…
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PER CURIAM.
This is an appeal from the denial of a Rule of Criminal Procedure 3.850 motion to vacate judgment and sentence. The motion was based upon appellant’s claim of ineffective assistance of counsel at his jury trial which was held in June, 1981. Appellant was charged with and convicted of robbery with a weapon, for which he received a nine-year sentence. He appealed the judgment and sentence in 1982, and this court affirmed without an opinion. Appellant then made his 3.850 motion claiming ineffective assistance of counsel. Eventually, an evidentiary hearing was held, at which numerous witnesses testified. The trial court issued an order finding that trial counsel had been incompetent, but that the deficiencies did not affect the outcome of the trial. We reverse.
Knight v. State, 394 So. 2d 997 (Fla.1981), provides a four-step procedure to be used in determining whether or not an individual has received effective assistance of counsel in accordance with the constitutional guaranties. In this case, the defendant clearly satisfied the first two steps. The trial court concluded that trial counsel had been ineffective, but this simply did not affect the outcome of the trial. It is never possible to know precisely what will affect a jury’s determination of guilt or innocence. It is only necessary that the defendant show a substantial deficiency which “presents a prima facie showing of prejudice.”
We conclude, after a -thorough review of the record, that the defendant did make a prima facie showing of prejudice, and the trial court’s order denying 3.850 relief is therefore vacated and the matter remanded for further proceedings in accordance herewith.
REVERSED AND REMANDED.
ANSTEAD, C.J., and LETTS and BERA-NEK, JJ., concur.
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Citator
Cited By
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State v. Bucherie, 468 So. 2d 229 (Fla. 1985)…ALDERMAN, Justice. We review the decision of the District Court of Appeal, Fourth District, in Bucherie v. State, 450 So. 2d 882 (Fla. 4th DCA 1984), which expressly and directly conflicts with Downs v. State, 453 So. 2d 1102 (Fla.1984); Messer v. State, 439 So. 2d 875 (Fla.1983); Knight v. State, 394 So. 2d 997 (Fla.1981); and other decisions of this Court reciting the requi…
Authorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)