JORGE ZERQUERA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that there was substantial competent evidence to support the trial court's finding that the second prong of the Strickland test was not satisfied.
Appellant sought post-conviction relief, arguing ineffective assistance of counsel. The trial court denied relief, finding neither prong of the Strick…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sixth Amendment (Right To Counsel) cases and more on FLexlaw
PER CURIAM.
Jorge Zerquera appeals an order denying his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, after an evidentiary hearing. The trial court found that defendant satisfied neither prong of the test set forth in Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 2068, 80 L.Ed.2d 674, 698 (1984). There is substantial competent evidence supporting, at the very least, the trial court’s finding that the second point of the Strickland test1 was not satisfied. We need not reach the closer question presented with respect to the first point of Strickland.
Affirmed.
. “The defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694, 104 S.Ct. at 2068, 80 L.Ed.2d at 698.
. “First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment." Id. at 687, 104 S.Ct. at 2064, 80 L.Ed.2d at 693.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Callaway v. State, 202 So. 3d 901 (Fla. 3d DCA 2016)…ficient performance, the result of the proceeding would have been different. Id. at 694, 104 S.Ct. 2052; Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Kennedy v. State, 547 So. 2d 912, 913-14 (Fla.1989); Zerquera v. State, 583 So. 2d 348, 349 n. 1 (Fla. 3d DCA 1991). 1. Failure to depose the victims The failure to depose witnesses, without more, is insufficient to demonstrate ineffective assistance of counsel. Magill v. State, 457 So. 2d 1367, 1370-71 (Fla.1984). In the instant ca…
-
Zerquera v. State, 621 So. 2d 747 (Fla. 3d DCA 1993)…PER CURIAM. Affirmed. See Zerquera v. State, 549 So. 2d 189 (Fla.1989); Bertolotti v. State, 476 So. 2d 130 (Fla.1985); Castor v. State, 365 So. 2d 701 (Fla.1978); Zerquera v. State, 583 So. 2d 348 (Fla. 3d DCA 1991); [*748] Jimenez v. State, 480 So. 2d 705 (Fla. 3d DCA 1985).…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)