JEFFREY LAGRANDEUR
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2022-03-16
No. 21-2217
Main
Florida District Court of Appeal, Third District (2022)

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Holding

A trial court may summarily deny a motion without a hearing if it states its rationale in its decision or attaches the specific parts of the record that refute each claim presented.


Headnotes

[1] An appellate counsel's performance is not deficient under the Strickland standard when counsel fails to raise an argument that would have been meritless under controlling…

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Facts & Procedural History

Jeffrey Lagrandeur appealed a summary denial of a motion by the trial court. The specific factual circumstances underlying the motion are not detailed…

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Opinion of the Court

PER CURIAM.

Affirmed. Anderson v. State, 627 So. 2d 1170, 1171 (Fla. 1993) (“To support summary denial without a hearing, a trial court must either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion.”); Sanders v. State, 946 So. 2d 953, 956 (Fla. 2006) (quoting Strickland v. Washington, 466 U.S. 668, 687 (1984) ("First, the defendant must show that counsel's performance was deficient. .

. . Second, the defendant must show that the deficient performance prejudiced the defense.").


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