Robert OISORIO, Petitioner,
v.
STATE of Florida, Respondent.
Supreme Court of Florida.
*1364 William P. Cagney, III of William P. Cagney, III, P.A., Miami, and Scott A. Srebnick, Miami, for Petitioner.
Robert A. Butterworth, Attorney General and Joni Braunstein, Assistant Attorney General, Miami, for Respondent.
WELLS, Justice.
We have for review State v. Oisorio,
Oisorio and three codefendants were convicted of drug trafficking. Oisorio appealed his conviction, and the Third District per curiam affirmed. Oisorio v. State,
Oisorio then filed a motion for certification. He asked the Third District to certify conflict with Gill, which held that a defendant claiming he was denied his right to testify need not satisfy the second prong of Strickland. The Third District acknowledged that its decision conflicted with Gill. However, the court declined to certify conflict because it recognized that Gill was based on an erroneous interpretation of United States v. Teague,
In Teague, the Eleventh Circuit concluded that Strickland provided the appropriate means of addressing claims that a defendant's right to testify was violated. Teague,
Oisorio concedes that Gill misconstrued Teague but argues that in light of the significance of the right to testify, this Court should adopt a per-se rule of prejudice like that advanced in Gill. We decline to adopt such a rule. Rather, we hold, consistent with Teague, that in order to obtain postconviction relief, a defendant claiming his or her right *1365 to testify was violated must show that counsel's performance was deficient and that the deficient performance prejudiced the defense. Accordingly, we approve the Third District's decision in this case and disapprove Gill to the extent that it is inconsistent with this opinion. We remand the case to the Third District for further proceedings consistent with our decision.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur.
NOTES
Notes
[1] We address only the conflict issue. We do not address the other issues presented in this case.
