CURTIS DUKES
v.
STATE OF FLORIDA
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Mere speculation is insufficient to prove prejudice under Strickland v. Washington; the defendant must demonstrate a reasonable probability that the outcome would have been different but for counsel's errors.
“The prejudice prong requires that the defendant demonstrate a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different.”
Martin-Godinez v. State citation explaining the prejudice requirement for ineffective assistance claims
Curtis Dukes appealed a conviction and raised an ineffective assistance of counsel claim. The trial court rejected his claim for failure to establish …
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PER CURIAM.
AFFIRMED. See Hilton v. State, 326 So. 3d 640, 648 (Fla. 2021) (holding that mere speculation is insufficient to prove prejudice under Strickland v. Washington, 466 U.S. 668, 687 (1984)); Martin-Godinez v. State, 290 So. 3d 144, 146 (Fla. 1st DCA 2020) ("The prejudice prong requires that the defendant demonstrate a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different.").
RAY, M.K. THOMAS, and NORDBY, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Jessica J. Yeary, Public Defender, Tyler K. Payne and Megan L. Long, Assistant Public Defenders, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Robert C. Lee, Assistant Attorney General, Tallahassee, for Appellee.