EUGENE MACK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-10-21
No. 3D09-1688
Before RAMIREZ, C.J., and LAGOA and SALTER, JJ.
21 So. 3d 105 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 1 case

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Holding

The court held that the trial court properly denied the motion for post-conviction relief because the evidence of guilt was overwhelming and refuted claims of ineffective assistance of counsel.


Facts & Procedural History

Eugene Mack appealed the denial of his motion for post-conviction relief, alleging ineffective assistance of trial counsel. The State provided trial t…

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Opinion of the Court
SALTER, J.

SALTER, J.

Eugene Mack appeals a circuit court order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. We affirm.

The State’s response, supplemental response, and appendix were a part of the record below and are before us. Those documents, which include the pertinent trial transcripts, conclusively refute the appellant’s claims of ineffective assistance of trial counsel.

In this ease, the appellant had been identified by eyewitnesses and had confessed. The allegation that there is a reasonable probability that the outcome of the trial would have been different, but for the allegedly deficient performance of trial counsel, is refuted by the overwhelming and duly-admitted evidence of guilt. We therefore affirm under the ineffective assistance standards set forth in Strickland, v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and the principle that the trial court “need not determine whether counsel’s performance was deficient when it is clear that the alleged deficiency was not prejudicial.” Torres-Arboleda v. Dugger, 636 So.2d 1321, 1324 (Fla.1994).

Affirmed.


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  • …presented by the State, any tangential issues regarding Whitehurst's composure or confusion did not affect the ultimate outcome of Defendant's trial. Hernandez v. State, 180 So. 3d 978, 989-90 (Fla. 2015); see also Mack v. State, 21 So. 3d 105, 106 (Fla. 3d DCA 2009). Accordingly, Defendant is not entitled to relief on Ground Five. Id. at 957-58 (record citations omitted). The First DCA affirmed the denial of relief without a written opinion. See Doc. 8-2 at 131. To the extent that…

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