Fernando Fernandez v. The State of Florida
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.
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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