Newkirk v. StateNewkirk v. State
- Reporters:
- ,
- Before:
- Warner, Stevenson, Farmer
Appellant appeals the trial court‘s denial of his motion for postconviction relief based upon allegations of his counsel‘s ineffective assistance. Under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), appellant must show that any ineffective performance of counsel has prejudiced him in these proceedings. To thаt end, appellant must demonstrate a reasonable probability that the deficient performance affected the outcome of the proceedings or rendered them fundamentally unfair. See Provenzano v. State, 616 So.2d 428, 431 (Fla.1993). Because he did not prove prejudice, we affirm.
Appellant‘s allegations of failure to object tо evidence of prior cоnvictions which qualified appеllant for an enhanced sentence do not show any prejudiсe, because he does not allege under oath that the convictions used to enhance his sentence were not his or thаt he did not qualify for an enhanced sentence. He also allеges that his counsel failed to present evidence to mitigate his sentence, but does not allege what that evidence would have been. Thus, he has made no shоwing of any effect on the outcome of the sentencing prоceeding. Additionally, his allegations with respect to failure to request a speedy trial dischargе also do not show that the prоceeding was rendered fundamentally unfair or that the state cоuld not have brought him to trial within the time periods allowed by the speedy trial rule.
Finally, he makes the curious claim that his trial counsel failed to file a notice of appeal, but the state attached a copy of the notice. This court entertained an appeal from the conviction and sentence. See
Affirmed.
STEVENSON, C.J., and FARMER, J., concur.