DAVID HEAD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2010-05-28
No. 5D08-3170
ORFINGER, LAWSON, and JACOBUS, JJ., concur.
35 So. 3d 1008 Florida District Court of Appeal, Fifth District (2010) Positive Treatment
Cited by 4 cases
Topics
Strickland Standard For Ineffective Assistance Strickland Standard Motion For Postconviction Relief Competent Substantial Evidence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

David Head appeals from the denial of his motion for postconviction relief, entered following an evidentiary hearing on Head’s multiple facially sufficient claims of ineffective assistance of counsel. Testimony at the hearing bore out many of Head’s claims, such that the trial court’s generalized finding that counsel provided “competent representation at all times” is not supported by competent and substantial evidence. We find it unnecessary to detail counsel’s deficiencies, and simply note that “[k]nowledge of the rules of evidence and basic procedure is required in order to provide effective assistance of counsel.” Chapman v. State, 442 So.2d 1024, 1026 (Fla. 5th DCA 1983). Given the nature of the evidence at trial — which basically amounted to a credibility contest between Head and the victim — we also find that Head established prejudice. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Accordingly, we reverse with directions that the trial court set aside Head’s conviction and sentence, and grant a new trial.

REVERSED AND REMANDED WITH DIRECTIONS.

ORFINGER, LAWSON, and JACOBUS, JJ., concur.

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  • Yampol v. Turnberry Isle S. Condo Assoc., 250 So. 3d 835 (Fla. 3d DCA 2018)
  • Deforest Kelly v. State, 198 So. 3d 1077 (Fla. 5th DCA 2016)
    …directions for the trial court to conduct an evidentiary hearing regarding counsel’s failure to impeach the victim about a single prior conviction for stealing beer and steak. Burch, 977 So. 2d at 779-80 (Fla. 5th DCA 2008); see also Head v. State, 35 So. 3d 1008, 1008 (Fla. 5th DCA 2010) (holding that defendant satisfied the prejudice prong of the Strickland test where thé trial amounted to a credibility contest between defendant and the victim). Appellant claims that défense counsel knew from deposition t…

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