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Christopher Rivera, Appellant, v. The State of Florida, Appellee. (2024)

District Court of Appeal of Florida, Third District.2024-08-14No. No. 3D23-723

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Affirmed. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (announcing two-part test for ineffective assistance of counsel requiring the defendant to show that his or her counsels performance was deficient and prejudiced the defense); Alcorn v. State, 121 So. 3d 419, 422 (Fla. 2013) (“[T]o show prejudice, the defendant must demonstrate a reasonable probability, defined as a probability sufficient to undermine confidence in the outcome, that (1) he or she would have accepted the offer had counsel advised the defendant correctly, (2) the prosecutor would not have withdrawn the offer, (3) the court would have accepted the offer, and (4) the conviction or sentence, or both, under the offers terms would have been less severe than under the judgment and sentence that in fact were imposed.”); Blanco v. State, 702 So. 2d 1250, 1252 (Fla. 1997) (“As long as the trial courts findings are supported by competent substantial evidence, this Court will not substitute its judgment for that of the trial court on questions of fact, likewise of the credibility of the witnesses as well as the weight to be given to the evidence by the trial court.”) (internal quotations omitted).

PER CURIAM.