KEVON GEORGE
v.
STATE OF FLORIDA

Fla. 3d DCA | 2025-09-17
No. 2023-1056
Altfield, J., Emas, J., Fernandez, J., Bokor, J.
2025 FL 7962 Florida District Court of Appeal, Third District (2025)

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Holding

A trial court's summary denial of an ineffective assistance of counsel claim under Florida Rule of Criminal Procedure 3.850 is reviewed de novo, and such denial is proper when the claims are either facially invalid or conclusively refuted by the record.

Headnotes

[1] A trial court's summary denial of a motion alleging ineffective assistance of counsel is reviewed de novo, and such denial is proper when the claims are either facially i…

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Key Quotes

“To uphold the trial court's summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record.”

McLin v. State, 827 So. 2d 948, 954 (Fla. 2002), cited for the standard governing summary denial of ineffective assistance claims
Facts & Procedural History

Kevon George appealed a summary denial of his motion alleging ineffective assistance of counsel in a criminal case from Miami-Dade County Circuit Cour…

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Topics
Strickland V. Washington Two-Prong Test Ineffective Assistance Of Counsel De Novo Review

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed September 17, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1056 Lower Tribunal No. F11-27832A ________________

Kevon George, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Altfield, Judge.

Ana M. Davide, P.A., and Ana M. Davide, for appellant.

James Uthmeier, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before EMAS, FERNANDEZ and BOKOR, JJ.

PER CURIAM.

Footnotes
2 Affirmed. See Tisdale v. State, 282 So. 3d 998, 1000 (Fla. 3d DCA 2019) (noting that the standard of review of a summary denial of a motion alleging ineffective assistance of counsel is de novo); McLin v. State, 827 So. 2d 948, 954 (Fla. 2002) (“To uphold the trial court’s summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record.” (quotation omitted)); Carballo v. State, 353 So. 3d 1288, 1291 (Fla. 3d DCA 2023) (“To allege a facially sufficient claim for ineffective assistance of counsel, a defendant must plead sufficient facts to establish that counsel’s performance was deficient, and that the defendant was prejudiced by the deficient performance.” (citing Strickland v. Washington, 466 U.S. 668, 687 (1984))); see also Arbelaez v. State, 898 So. 2d 25, 32 (Fla. 2005) (“So long as the [trial court’s] decisions are supported by competent, substantial evidence, this Court will not substitute its judgment for that of the trial court on questions of fact and, likewise, on the credibility of the witnesses and the weight to be given to the evidence.” (quotation omitted)).

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