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Lorninous ISOM, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2014-01-17No. No. 2D12-3027
132 So. 3d 863

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Opinion

majority opinion

PER CURIAM.

Affirmed.

CASANUEVA and KELLY, JJ., Concur. LaROSE, J., Concurs with opinion.

concurrence opinion

LaROSE, Judge,

Concurring.

This appeal involves the denial of Lorni-nous Isom’s motion for postconviction relief. See Fla. R.Crim. P. 3.850. The post-conviction court properly denied relief and this court properly affirms the order on appeal. I write separately to address Mr. Isom’s claim that the postconviction court erred in allowing the assistant state attorney who prosecuted him for the underlying first-degree murder charge to testify as the State’s key witness and to act as the State’s advocate at the rule 3.850 eviden-tiary hearing.

I find it clear, and the State seemingly concedes, that the prosecutor should not have served as witness and counsel at the hearing. See R. Regulating Fla. Bar 4-3.7(a). I do not condone this dual role. However, the record before us fails to demonstrate that Mr. Isom suffered any undue prejudice as a result.