Sheppard v. State, 62 So. 3d 14

Sheppard was charged by information with home-invasion robbery, attempted first-degree murder, burglary with assault, two kidnappings, felony bodily injury, and possession of a firearm while engaged in a criminal offense for events around August 31, 1997.
He pled not guilty and rejected a plea offer of eighteen years; the case proceeded to trial and the jury convicted him.
This Court affirmed on direct appeal in a per curiam opinion noting prosecutorial misconduct but finding unpreserved errors did not constitute fundamental error.
Sheppard then filed a Florida Rule of Criminal Procedure 3.850 motion alleging ineffective assistance for failing to object to misconduct and to investigate two favorable witnesses, plus newly discovered exculpatory evidence from a co-defendant (abandoned at hearing).
The trial court summarily denied relief without an evidentiary hearing.
On appeal, the issue is whether the 3.850 claim is facially sufficient given it relies on unpreserved errors previously deemed not fundamental error; Chandler v. State controls, leading to affirmance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Facial sufficiency of 3.850 claim based on unpreserved errors	Sheppard argues ineffective assistance from failure to object and investigate.	State relies on Chandler; no prejudice shown from failure to object.	Relief denied; Chandler controls.

Rogers v. State, 783 So.2d 980 (Fla.2001) (unobjected prosecutorial misconduct not fundamental error)
Kilgore v. State, 688 So.2d 895 (Fla.1996) (fundamental error standard for appeals)
Scoggins v. State, 691 So.2d 1185 (Fla.4th DCA 1997) (definition of fundamental error)
Sheppard v. State, 834 So.2d 390 (Fla.3d DCA 2003) (precedent on preserved/unpreserved issues and prejudice)
Chandler v. State, 848 So.2d 1031 (Fla.2003) (cannot show prejudice from non-fundamental error under Strickland)
Strickland v. Washington, 466 U.S. 668 (U.S.1984) (ineffective assistance prejudice prong standard)