PEDRO GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that tactical decisions by counsel, even if ill-advised, do not constitute ineffective assistance of counsel justifying post-conviction relief.
Appellant sought post-conviction relief, claiming his attorney's admission of collateral evidence prejudiced him. The trial attorney testified that ad…
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PER CURIAM.
Appellant, Pedro Gonzalez, appeals the denial of his motion for post conviction relief. We affirm.
On plenary appeal, this court affirmed appellant’s conviction for first degree mur der. Gonzalez v. State, 543 So. 2d 386 (Fla. 3d DCA 1989).
Appellant then sought post conviction relief based on a claim of ineffective assistance of counsel. Appellant claimed that his attorney improperly admitted collateral evidence which prejudiced him.
At the hearing on the motion, appellant’s trial attorney testified that the decision to admit the evidence of which appellant now complains, was a joint one. Appellant’s trial attorney testified that he and appellant discussed the risks and advantages of entering the complained of testimony into evidence. The attorney characterized these evidentiary decisions as “tactical.”
Tactical or strategic decisions of counsel do not justify post conviction relief. Buford v. State, 492 So. 2d 355 (Fla.1986); Straight v. Wainwright, 422 So. 2d 827 (Fla.1982). Even where the tactical decision evinces bad judgment, relief is not justified. Fisher v. State, 239 So. 2d 863 (Fla. 3d DCA 1970).
Finally, in order to obtain relief, appellant must not only show that the errors committed by counsel fell outside the range of professionally acceptable performance, but also that there is a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The evidence against appellant was overwhelming and included the testimony of two eye witnesses.
Accordingly, we affirm, finding that appellant has failed to show any basis for relief.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Gonzales v. State, 691 So. 2d 602 (Fla. 4th DCA 1997)…ective assistance of counsel must demonstrate that counsel fell below an “objective” standard of reasonableness. Id at 688, 104 S.Ct. at 2064-65. Tactical or strategic decisions of counsel do not constitute ineffective assistance. Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991); Marshall v. State, 606 So. 2d 500 (Fla. 4th DCA 1992). See also Strickland, 466 U.S. at 689, 104 S.Ct. at 2065. Just as good lawyers can disagree on trial tactics, they can also disagree on whether to advise a client to go to tr…
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Robinson v. State, 637 So. 2d 998 (Fla. 1st DCA 1994)…ourt further found that even if the court accepted appellant’s allegations as true, appellant may not prevail because appellant’s allegations involve matters within the judgment and strategy of trial counsel. The trial court cites Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991). Gonzalez involved a trial court’s ruling after an evidentiary hearing on allegations of ineffective assistance of counsel. Although defense counsel is entitled to broad discretion regarding trial strategy, when a court is confron…
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Murphy v. State, 638 So. 2d 975 (Fla. 1st DCA 1994)…ed appellant’s allegations concerning ineffective assistance of counsel as true, appellant may not prevail because appellant’s allegations involved matters within the judgment and strategy of defense counsel. The trial court cites Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991). Gonzalez involved a trial court’s ruling after an eviden-tiary hearing on allegations of ineffective assistance of counsel. Although defense counsel is entitled to broad discretion regarding trial strategy, when the court is conf…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Buford v. State, 492 So. 2d 355 (Fla. 1986)
- Straight v. Louie L. Wainwright, 422 So. 2d 827 (Fla. 1982)
- State v. Alejander Perez, 543 So. 2d 386 (Fla. 3d DCA 1989)
- Gonzalez v. State, 543 So. 2d 386 (Fla. 3d DCA 1989)
- Poole Eng'g Co. OF Fort Walton Beach v. Stewart, 239 So. 2d 863 (Fla. 1st DCA 1970)
- Fisher v. State, 239 So. 2d 863 (Fla. 3d DCA 1970)