ROBERT DEREK LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Derek Lewis appeals the denial of his motion for post-conviction relief, claiming ineffective assistance of counsel in his capital sexual battery conviction. The appellate court affirmed the denial, finding no error under the Strickland v. Washington standard.
The court affirmed the denial of post-conviction relief, finding no instances of ineffective assistance of counsel that met the Strickland standard.
[1] To prevail on a claim of ineffective assistance of counsel, a defendant must demonstrate that counsel's performance was deficient and that there is a reasonable probabili…
[2] A reasonable probability of a different outcome, for purposes of an ineffective assistance of counsel claim, is a probability sufficient to undermine confidence in the ou…
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Join FLexlaw to unlock all legal intelligence“In order to prevail on a claim of ineffective assistance of trial counsel, a defendant must demonstrate that (1) counsel's performance was deficient and (2) there is a reasonable probability that the outcome of the proceeding would have been different.”
Establishes the two-part Strickland test required for ineffective assistance of counsel claims
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLewis was convicted of capital sexual battery on a person less than twelve years old after he confessed to a detective during a taped statement. His c…
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THOMPSON, J.
Robert Derek Lewis appeals an order denying his motion for post conviction relief. Lewis was convicted of capital sexual battery and contends that he had ineffective assistance of counsel.1 We affirm.
After his conviction was affirmed, see Lewis v. State, 719 So. 2d 333 (Fla. 5th DCA 1998), Lewis filed a motion for post conviction relief alleging twelve instances of ineffective assistance of counsel. In Spencer v. State, 842 So. 2d 52 (Fla.2003), the supreme court wrote:
In order to prevail on a claim of ineffective assistance of trial counsel, a defendant must demonstrate that (1) counsel’s performance was deficient and (2) there is a reasonable probability that the outcome of the proceeding would have been different. See Strickland v. Washington, 466 U.S. 668, 687, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). A reasonable probability is a probability sufficient to undermine confidence in the outcome. See id. at 694, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674. In reviewing counsel’s performance, the court must be highly deferential to counsel, and in assessing the performance, every effort must “be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Id. at 689, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674; see also Rivera v. Dugger, 629 So. 2d 105, 107 (Fla.1993). As to the first prong, the defendant must establish that “counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Strickland, 466 U.S. at 687, 104 S.Ct. 2052, 80 L.Ed.2d 674; see also Cherry v. State, 659 So. 2d 1069, 1072 (Fla.1995). For the prejudice prong, the reviewing court must determine whether there is a reasonable probability that, but for the deficiency, the result of the proceeding would have been different. See Strickland, 466 U.S. at 695, 104 S.Ct. 2052, 80 L.Ed.2d 674; see also Valle v. State, 705 So. 2d 1331, 1333 (Fla. 1997).
Id. at 61.
After reviewing the record and considering the criteria of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), we find no error. AFFIRMED.
SHARP, W., and ORFINGER, JJ., concur. . Lewis was charged with one count of sexual battery on a person less than twelve years old after he confessed to a detective during a taped statement that he performed these acts on the victim. See § 794.01 l(8)(c), Fla. Stat.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Cherry v. State, 659 So. 2d 1069 (Fla. 1995)
- Dusty Ray Spencer v. State, 842 So. 2d 52 (Fla. 2003)
- Valle v. State, 705 So. 2d 1331 (Fla. 1997)
- Rivera v. Dugger, 629 So. 2d 105 (Fla. 1993)
- Lewis v. State, 719 So. 2d 333 (Fla. 5th DCA 1998)