Morin Cherfrere v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 1, 2025
• Docket: 3D2023-2131
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 1, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-2131 Lower Tribunal No. F04-9267 ________________

Morin Cherfrere, Appellant,

vs.

State of Florida, Appellee.

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

Carlos J. Martinez, Public Defender, and Deborah Prager, Assistant Public Defender, for appellant.

James Uthmeier, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.

Before SCALES, C.J., and EMAS, and GOODEN, JJ.

PER CURIAM. Affirmed. See Henry v. State, 948 So. 2d 609, 616 (Fla. 2006) (“To

prevail on his claim of ineffective assistance of counsel, Henry must show

both deficient performance and prejudice arising from this deficiency.”); see

also Calhoun v. State, 312 So. 3d 826, 846 (Fla. 2019) (“Calhoun’s claim is,

thus, too speculative to support postconviction relief.”); State v. Larzelere,

979 So. 2d 195, 211 (Fla. 2008) (“Larzelere has not shown counsel to be

ineffective for not calling a concrete expert because she had not

demonstrated what an individual qualified as a concrete expert would have

testified to in this case or how such testimony would cast doubt on her guilt.”);

Connor v. State, 979 So. 2d 852, 863 (Fla. 2007) (“Relief on ineffective

assistance of counsel claims must be based on more than speculation and

conjecture.”); Jones v. State, 845 So. 2d 55, 64 (Fla. 2003) (“Postconviction

relief cannot be based on speculative assertions.”).