final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 10-17058 Ariana Fajardo Orshan, Judge.
Douglas, in proper person.
Jo Bondi, Attorney General, and Jacob Addicott, Assistant
Attorney General, for appellee.
ROTHENBERG, C.J., and SALTER and LUCK, JJ.
jury trial, the appellant, Tracy Douglas ("the
defendant"), was convicted of robbery with a firearm.
The judgment and sentence were affirmed on appeal.
Douglas v. State, 100 So.3d 702 (Fla. 3d DCA 2012).
In 2013, the defendant filed a motion raising eight grounds
for postconviction relief based on ineffective assistance of
trial counsel. The trial court summarily denied six of the
claims, conducted an evidentiary hearing on two of the
claims, and following the hearing, entered an order denying
the motion. Although the defendant raised eight claims, the
eighth claim was a cumulative error claim, and he has only
specifically addressed five of the individual seven claims on
appeal. We have, however, reviewed all eight claims and
OF THE EVIDENCE
approximately 11:00 p.m. on the night in question, the victim
exited a bus with another woman, and they began walking, but
then parted ways. Thereafter, a man, who the victim later
identified as the defendant, approached the victim and robbed
her of her cell phone at gunpoint. The victim knocked on the
door of a nearby house, where she called the police and
reported the robbery.
victim testified that she got a good look at the robber, whom
she recognized from an encounter two or three days prior to
the robbery. The victim had actually been in a car with the
man who robbed her, along with her friend, Ashley Hunter, two
or three days before the robbery. Because the victim wanted
to provide the name of the man who had robbed her to the
police, she contacted Hunter and asked her for the name of
the man in Hunter's car. Hunter told the victim that the
man was known as "Bucket." After conducting a
search on the internet, the victim identified the defendant
as the man who had robbed her. She provided this information
to the police and subsequently positively identified the
defendant as the man who robbed her at gunpoint in both a
pre-trial photo line-up and then again at trial. Records of
the stolen cell phone showed calls placed to the
defendant's girlfriend and mother the day after the
time of trial, the defendant had five or six pending felony
cases, including two first degree murder cases and several
robbery cases. The same trial counsel represented the
defendant in all of the defendant's cases, and he
obtained acquittals in every case that went to trial,
including the murder cases, except for the instant case. It
appears that the defendant's mother and sisters testified
as alibi witnesses in the murder trials.
DEFENDANT'S POSTCONVICTION CLAIMS
Failure to object to the trial court's response to
the jury's request for a transcript of the trial
jury deliberations, the jury requested "a transcript of
the trial." After consultation with counsel for the
State and the defendant's counsel, and with the approval
of both, the trial court submitted the following response to
the jury: "Trial is not transcribed at this time. You
must rely upon your recollection, however, read back of
certain portion may be available if necessary." We