Davis v. State

12 So. 3d 918, 2009 Fla. App. LEXIS 9508, 2009 WL 1971838

Opinion

PER CURIAM.

AFFIRMED. Cf Lowe v. State, 2 So.3d 21, 38 (Fla.2008) (“Because the Court found no fundamental error [on direct appeal], Lowe fails to demonstrate that counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the trial under Strickland [ 1 ].”); Chandler v. State, 848 So.2d 1031, 1046 (Fla.2003) (“Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.”).

SAWAYA, ORFINGER and LAWSON, JJ., concur.

1 . Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).