MICHAEL CHESTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Strickland Prejudice Prong cases and more on FLexlaw
PER CURIAM.
In our view, the uncontradicted evidence that Chester’s attorney failed to investigate, and to interview and call available witnesses in support of his entirely viable, and only defense to the robbery charge against him — that he was attempting to secure the return of a bicycle he reasonably thought had been taken from his sister, see Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988), review denied, 536 So. 2d 245 (Fla.1988); Rodriguez v. State, 396 So. 2d 798 (Fla. 3d DCA 1981) — established ineffective assistance of counsel as a matter of law. See Ridenour v. State, 768 So. 2d 480 (Fla. 2d DCA 2000); Cabrera v. State, 766 So. 2d 1131 (Fla. 2d DCA 2000).
Because we also conclude that this failure satisfied the prejudice prong of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the order below denying 3.850 relief is reversed and the conviction in question is set aside and the cause remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kenon v. State, 855 So. 2d 654 (Fla. 1st DCA 2003)…nce of guilt,” Terrero v. State, 839 So. 2d 873 (Fla. 3d DCA 2003); where the State’s case is weak or entirely circumstantial and the witness’ testimony would have cast doubt on the only evidence linking the defendant to the crime, Chester v. State, 782 So. 2d 967 (Fla. 3d DCA 2001); Honors v. State, 752 So. 2d 1234 (Fla. 2d DCA 2000); and, finally, where counsel commits a legal error during the trial which deprives the defendant of his only defense, Dames v. State, 807 So. 2d 756 (Fla. 2d DCA 2002); Thomas v…
-
Owens v. State, 866 So. 2d 129 (Fla. 5th DCA 2004)…te, 396 So. 2d 798 (Fla. 3d DCA 1981). See also Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988). He maintains that a well-founded belief in one’s right to possess property constitutes a complete defense to á charge of theft. See Chester v. State, 782 So. 2d 967 (Fla. 3d DCA 2001); Brennan v. State, 651 So. 2d 244 (Fla. 3d DCA 1995); Rodriguez. The importance of this issue at trial is suggested by the fact that the jury asked to review Owens’ testimony concerning his actions and requested an instruction on…1 / 2
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Rodriguez v. State, 396 So. 2d 798 (Fla. 3d DCA 1981)
- Cabrera v. State, 766 So. 2d 1131 (Fla. 2d DCA 2000)
- Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988)
- Cable J. Ridenour, III v. State, 768 So. 2d 480 (Fla. 2d DCA 2000)