SANDOR EDUARDO GUILLEN,
v.
THE STATE OF FLORIDA,
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The appellate court affirmed the denial of a motion to vacate a conviction for DUI manslaughter. The court deferred to the trial court's factual findings, which were supported by evidence, and found no deficiency in counsel's performance.
No, the lower tribunal did not err. The trial court's findings of fact were supported by competent, substantial evidence, and the conduct of counsel did not fall measurably outside the range of professionally acceptable performance.
[1] Appellate courts defer to a trial court's factual findings made after an evidentiary hearing on an ineffective assistance of counsel claim when those findings are support…
[2] Strategic choices made by counsel are virtually unchallengeable in ineffective assistance of counsel claims.
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“Postconviction courts hold a superior vantage point with respect to questions of fact, evidentiary weight, and observations of the demeanor and credibility of witnesses.”
Establishes the deference appellate courts give to trial courts on factual matters after an evidentiary hearing.
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Join FLexlaw to unlock all legal intelligenceAppellant Sandor Eduardo Guillen was convicted of DUI manslaughter and affirmed on direct appeal. He later sought to vacate his conviction, alleging i…
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MILLER, J.
A jury found appellant, Sandor Eduardo Guillen, guilty of one count of driving under the influence manslaughter with failure to render aid or give information.
We affirmed his judgment and sentence on direct appeal. Guillen v. State, 189 So. 3d 1004 (Fla. 3d DCA 2016).
Thereafter, alleging a myriad of ineffective assistance of counsel claims, Guillen sought to vacate his conviction. The lower tribunal conducted an evidentiary hearing and issued a well-developed order denying relief. The instant appeal ensued. “Postconviction courts hold a superior vantage point with respect to questions of fact, evidentiary weight, and observations of the demeanor and credibility of witnesses.” Ibar v. State, 190 So. 3d 1012, 1018 (Fla. 2016) (citation omitted).
Unlike this court, “the trial judge is there and . . . see[s] and hear[s] the witnesses presenting the conflicting testimony. The cold record on appeal does not give appellate judges that type of perspective.” State v. Spaziano, 692 So. 2d 174, 178 (Fla. 1997).
Hence, “[i]n reviewing a trial court’s ruling after an evidentiary hearing on an ineffective assistance of counsel claim,” we defer “to the factual findings of the trial court to the extent that they are supported by competent, substantial evidence.” Jennings v. State, 123 So. 3d 1101, 1113 (Fla. 2013) (quoting Mungin v. State, 932 So. 2d 986, 998 (Fla. 2006)).
Here, having carefully examined the record, we conclude the findings of the trial court are amply supported by competent, substantial evidence. Heedful of the adage strategic choices “are virtually unchallengeable,” Downs v. State, 453 So. 2d 1102, 1108 (Fla. 1984), and deferring to the credibility determinations below, the record is devoid of any showing that the conduct of counsel fell measurably outside the range of professionally acceptable performance, let alone that any alleged deficiencies “had an effect on the judgment of conviction.” State v. Stirrup, 469 So. 2d 845, 848 (Fla. 3d DCA 1985) (citing Strickland v. Washington, 466 U.S. 668, 691, 104 S. Ct. 2052, 2066, 80 L. Ed. 2d 674 (1984)).
Accordingly, we discern no error and affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Mungin v. State, 932 So. 2d 986 (Fla. 2006)
- Jennings v. State, 123 So. 3d 1101 (Fla. 2013)
- State v. Spaziano, 692 So. 2d 174 (Fla. 1997)
- Ibar v. State, 190 So. 3d 1012 (Fla. 2016)