Fernando Fernandez v. The State of Florida

CourtDistrict Court of Appeal of Florida
DecidedJuly 10, 2024
Docket2022-0594
StatusPublished

This text of Fernando Fernandez v. The State of Florida (Fernando Fernandez v. The State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fernando Fernandez v. The State of Florida, (Fla. Ct. App. 2024).

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing. ________________

No. 3D22-0594 Lower Tribunal No. F15-7406A ________________

Fernando Fernandez, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Alberto Milian, Judge.

Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before LOGUE, C.J., and SCALES and BOKOR, JJ.

PER CURIAM.

Affirmed. See Arbelaez v. State, 898 So. 2d 25, 32 (Fla. 2005) (“After

an evidentiary hearing on a claim of ineffective assistance of counsel, we review the deficiency and prejudice prongs as ‘mixed questions of law and

fact subject to a de novo review standard but . . . the trial court's factual

findings are to be given deference. 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.’”

(quoting Sochor v. State, 883 So. 2d 766, 781 (Fla. 2004))).

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Related

Sochor v. State
883 So. 2d 766 (Supreme Court of Florida, 2004)
Arbelaez v. State
898 So. 2d 25 (Supreme Court of Florida, 2005)

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Bluebook (online)
Fernando Fernandez v. The State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fernando-fernandez-v-the-state-of-florida-fladistctapp-2024.