Stevens v. State

District Court of Appeal of Florida

Stevens v. State

140 So. 3d 708, 2014 WL 2860229, 2014 Fla. App. LEXIS 9543

CourtDistrict Court of Appeal of Florida

DecidedJune 24, 2014

DocketNos. 1D13-144, 1D13-2280

StatusPublished

This text of 140 So. 3d 708 (Stevens v. State) 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

Stevens v. State, 140 So. 3d 708, 2014 WL 2860229, 2014 Fla. App. LEXIS 9543 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

In these consolidated cases, we affirm appellant’s judgments of conviction and sentences imposed in Duval County circuit court case numbers 16-201 l-CF-7890 (1D13-144) and 16-2011-CF-8214 (1D13-2280). We write only to hold that while this is one of those rare instances on direct appeal when the appellate record is sufficient on its face to facilitate our consideration of a claim of ineffective assistance of appellant’s trial counsel based on her failure to file a motion to suppress evidence in circuit case number 16-2011-CF-7890, the [709]*709record is also sufficient to demonstrate that failure did not prejudice appellant’s defense. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (holding that for a convicted defendant to prevail on a claim.of ineffective assistance of counsel, he must establish both deficient performance and prejudice caused by the deficient performance).

AFFIRMED.

ROWE, SWANSON, and MAKAR, JJ., concur.

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PER CURIAM.

In these consolidated cases, we affirm appellant’s judgments of conviction and sentences imposed in Duval County circuit court case numbers 16-201 l-CF-7890 (1D13-144) and 16-2011-CF-8214 (1D13-2280). We write only to hold that while this is one of those rare instances on direct appeal when the appellate record is sufficient on its face to facilitate our consideration of a claim of ineffective assistance of appellant’s trial counsel based on her failure to file a motion to suppress evidence in circuit case number 16-2011-CF-7890, the [709]*709record is also sufficient to demonstrate that failure did not prejudice appellant’s defense. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (holding that for a convicted defendant to prevail on a claim.of ineffective assistance of counsel, he must establish both deficient performance and prejudice caused by the deficient performance).

AFFIRMED.

ROWE, SWANSON, and MAKAR, JJ., concur.

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Bluebook (online)

140 So. 3d 708, 2014 WL 2860229, 2014 Fla. App. LEXIS 9543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-state-fladistctapp-2014.

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