CHRISTOPHER RIVERA
v.
THE STATE OF FLORIDA
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A defendant claiming ineffective assistance of counsel based on counsel's failure to properly advise regarding a plea offer must demonstrate both deficient performance and prejudice, including a reasonable probability he would have accepted the offer, the prosecutor would not have withdrawn it, the court would have accepted it, and the resulting conviction or sentence would have been less severe.
[1] To establish ineffective assistance of counsel in the context of a rejected plea offer, a defendant must demonstrate a reasonable probability that he would have accepted…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“to show prejudice, the defendant must demonstrate a reasonable probability, defined as a probability sufficient to undermine confidence in the outcome, that (1) he or she would have accepted the offer had counsel advised the defendant correctly, (2) the prosecutor would not have withdrawn the offer, (3) the court would have accepted the offer, and (4) the conviction or sentence, or both, under the offer's terms would have been less severe than under the judgment and sentence that in fact were imposed.”
Alcorn v. State standard for prejudice in ineffective assistance of counsel claims involving plea offers
Christopher Rivera appealed from multiple convictions in Miami-Dade County, raising an ineffective assistance of counsel claim related to his counsel'…
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Third District Court of Appeal State of Florida
Opinion filed August 14, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-723 Lower Tribunal Nos. F04-22000, F04-22001A, F04-22003, F04-22326, F04-22416, F04-22322A, F04-22323, F04-22828A, F04-22319B,
F04-23283D, F04-23492A, F04-22320, F04-22002, F20-570
________________
Christopher Rivera, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.
Christopher Rivera, in proper person.
Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellee.
Before LINDSEY, GORDO, and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (announcing two-part test for ineffective assistance of counsel requiring the defendant to show that his or her counsel’s performance was deficient and prejudiced the defense); Alcorn v. State, 121 So. 3d 419, 422 (Fla. 2013) (“[T]o show prejudice, the defendant must demonstrate a reasonable probability, defined as a probability sufficient to undermine confidence in the outcome, that (1) he or she would have accepted the offer had counsel advised the defendant correctly, (2) the prosecutor would not have withdrawn the offer, (3) the court would have accepted the offer, and (4) the conviction or sentence, or both, under the offer's terms would have been less severe than under the judgment and sentence that in fact were imposed.”); Blanco v. State, 702 So. 2d 1250, 1252 (Fla. 1997) (“As long as the trial court's findings are supported by competent substantial evidence, this Court will not substitute its judgment for that of the trial court on questions of fact, likewise of the credibility of the witnesses as well as the weight to be given to the evidence by the trial court.”) (internal quotations omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Blanco v. State, 702 So. 2d 1250 (Fla. 1997)
- Alcorn v. State, 121 So. 3d 419 (Fla. 2013)