Mari v. State ( 2018 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed April 4, 2018.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D16-2386
    Lower Tribunal No. 09-20114
    ________________
    Raul Jesus Mari,
    Appellant,
    vs.
    The State of Florida,
    Appellee.
    An Appeal under Florida Rule of Appellate Procedure 9.141(b)(3) from the
    Circuit Court for Miami-Dade County, Rodolfo A. Ruiz, Judge.
    Richard C. Klugh, P.A., and Richard C. Klugh, for appellant.
    Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
    Attorney General, for appellee.
    Before LAGOA, LOGUE and SCALES, JJ.
    PER CURIAM.
    After conducting an evidentiary hearing on Appellant Raul Jesus Mari’s
    motion for post-conviction relief alleging ineffective assistance of counsel, the trial
    court entered a thorough and detailed order specifically identifying how each of
    Mari’s claims were refuted either by the record or by the testimony provided at the
    evidentiary hearing. Because the trial court correctly applied the Strickland1
    standard, and because each of the trial court’s factual findings are supported by
    competent substantial evidence, we affirm. See Rojas v. State, 
    922 So. 2d 350
    , 352
    (Fla. 3d DCA 2006) (“A claim of ineffective assistance of counsel is a mixed
    question of law and fact. The trial court’s factual findings and credibility
    determinations are afforded deference and if supported by competent, substantial
    evidence, will not be disturbed on appeal.”).
    Affirmed.
    1   Strickland v. Washington, 
    466 U.S. 668
    , 687 (1984).
    2
    

Document Info

Docket Number: 16-2386

Filed Date: 4/4/2018

Precedential Status: Precedential

Modified Date: 4/4/2018