Filed: Mar. 20, 2019
Latest Update: Mar. 03, 2020
Summary: Third District Court of Appeal State of Florida Opinion filed March 20, 2019. Not final until disposition of timely filed motion for rehearing. _ No. 3D17-537 Lower Tribunal No. 02-35420 _ Josue Cotto, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Teresa Mary Pooler, Judge. Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third Region, and Kristen Kawass, Assistant Regional Counsel, for appellant. Ashley Moody, Attorney Gene
Summary: Third District Court of Appeal State of Florida Opinion filed March 20, 2019. Not final until disposition of timely filed motion for rehearing. _ No. 3D17-537 Lower Tribunal No. 02-35420 _ Josue Cotto, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Teresa Mary Pooler, Judge. Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third Region, and Kristen Kawass, Assistant Regional Counsel, for appellant. Ashley Moody, Attorney Gener..
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Third District Court of Appeal
State of Florida
Opinion filed March 20, 2019.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D17-537
Lower Tribunal No. 02-35420
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Josue Cotto,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Teresa Mary
Pooler, Judge.
Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third
Region, and Kristen Kawass, Assistant Regional Counsel, for appellant.
Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant
Attorney General, for appellee.
Before SALTER, LINDSEY, and MILLER, JJ.
PER CURIAM.
Following a protracted evidentiary hearing, appellant failed to “demonstrate
both deficiency and prejudice,” thus we affirm the trial court’s denial of
appellant’s motion for postconviction relief. See Strickland v. Washington,
466
U.S. 668, 687 (1984) (“A convicted defendant’s claim that counsel’s assistance
was so defective as to require reversal . . . has two components. First, the
defendant must show that counsel’s performance was deficient . . . Second, the
defendant must show that the deficient performance prejudiced the defense.”);
Krawczuk v. State,
92 So. 3d 195, 202 (Fla. 2012) (“[T]his Court has held that for
ineffective assistance of counsel claims to be successful, the defendant must
demonstrate both deficiency and prejudice.”) (citing Bolin v. State,
41 So. 3d 151,
155 (Fla. 2010)).
2