final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Escambia County. Edward P.
Nickinson, III, Judge.
K. Marshall, Law Office of Deana K. Marshall, P.A.,
Riverview, for Appellant.
Jo Bondi, Attorney General, and Sharon Traxler, Assistant
Attorney General, Tallahassee, for Appellee.
his four convictions-two for sexual battery, one for assault,
and the last for procuring another for prostitution- William
Redmond, III, alleged his trial counsel to be ineffective
based on three grounds. The trial court denied all three
grounds and, on appeal, we affirm.
victim, working as a prostitute, came to an agreement with
Redmond to perform certain sexual activities for a set price.
However, it soon became apparent that Redmond had no money.
Redmond refused to drop the victim off at her request, and,
when she attempted to get out of his vehicle, he snatched her
back in by her hair. He then made it clear that he was going
to have sex with the victim whether she wanted to or not-and
then he did. Redmond dropped the victim off at a bus stop
after exchanging phone numbers; he wanted to bring her money
another day. Law enforcement tracked the phone number to
Redmond, who closely resembled the description given by the
victim. He also happened to be in possession of the same
vehicle described by the victim. When confronted with
outgoing phone calls from his phone to the victim's,
Redmond explained that someone likely took his phone in the
middle of the night and called the victim, but quickly
returned the phone to Redmond before he ever found out it was
gone. The victim positively identified Redmond in a photo
State presented the testimony of Berenger Chan from the
Florida Department of Law Enforcement, who discussed his
analysis of several DNA swabs taken from the victim; Chan
found DNA of multiple individuals, excluding the victim.
Redmond was excluded as a contributor to one sample, included
as a possible contributor in several others, and a
"match" to one partial DNA profile. A report of
Chan's findings, including statistics of the likelihood
that DNA found belonged to Redmond, was admitted into
evidence without objection by the defense.
the trial, the court asked if the parties were prepared to
proceed to sentencing. Redmond notified his counsel that some
of the prior convictions on the criminal scoresheet were not
his, but his brother's, and that he did not want crimes
he did not commit to elongate his sentence. Defense counsel
notified the trial court of the situation, and the court
reset sentencing so the defense could fully investigate
Redmond's criminal history. When Redmond returned to
court for sentencing, he was served with a notice of intent
to seek habitual felony offender sentencing, and subsequently
sentenced as a habitual felony offender.
postconviction motion alleged that his trial counsel was
ineffective for three reasons: 1) she requested a continuance
before sentencing, allowing the State time to serve notice of
its intent to seek habitual felony offender sentencing; 2)
she failed to adequately impeach the victim with prior
testimony; and 3) she failed to ensure that Chan was
qualified to present DNA evidence. The trial court summarily
denied the first two grounds, and we affirm as to these
grounds without further comment. The trial court ordered an
evidentiary hearing to hear Redmond's final claim.
demonstrate ineffective assistance of counsel, a defendant
must both: 1) overcome the presumption that his trial
counsel's performance was not constitutionally deficient,
and 2) show prejudice by way of a reasonable probability that
the result would have been different absent this deficiency.
See Strickland v. Washington, 466 U.S. 668, 687
(1984); State v. Bright, 200 So.3d 710, 730 (Fla.
2016); Rutherford v. State, 727 So.2d 216, 220 (Fla.
hearing, Redmond argued that there was insufficient evidence
at trial of Chan's qualifications, including any
background working with statistics or genetics, any
scientific publications authored, or his experience working
with the database used to compute the probability statistics.
In short, Redmond argued that he had no idea whether Chan was
qualified or not.
trial prosecutor testified that Redmond's trial counsel
had deposed Chan prior to trial, and questioned him
extensively on his qualifications and analysis. Because
Redmond's counsel was aware of Chan's sufficient
experience and qualifications, the prosecutor assumed, she
did not make ...