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Reese v. State

Florida Court of Appeals, First District

June 12, 2019

Tamika Reese, Appellant,
v.
State of Florida, Appellee.

         Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

          On appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge.

          Tamika Reese, pro se, Appellant.

          Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

          WETHERELL, J.

         Tamika Reese appeals the order summarily denying her motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm.

         Background

         Reese was convicted of multiple felony offenses[1] arising out of a home invasion robbery during which Reese shot one victim and her co-defendant attacked another victim. Reese was sentenced to life in prison as a prison releasee reoffender (PRR) for burglary and concurrent sentences ranging from time-served to 25 years for the other offenses. Reese's judgment and sentence were per curiam affirmed on direct appeal. See Reese v. State, Case No. 1D14-2229, 229 So.3d 323 (Fla. 1st DCA 2016) (table).

         Reese filed a timely rule 3.850 motion in which she raised six claims of ineffective assistance of counsel and one claim of cumulative error. The trial court summarily denied the motion on the merits. Reese filed a timely motion for rehearing, which the trial court denied. This appeal followed.

         Applicable Legal Standard

         To prove a claim of ineffective assistance of counsel, the defendant must establish that (1) defense counsel's performance was deficient and (2) the deficient performance prejudiced the defendant. Strickland v. Washington, 466 U.S. 668, 687 (1984). To establish deficient performance, the defendant must overcome the strong presumption that counsel's conduct was reasonable and show that the conduct fell below an objective standard of reasonableness based on prevailing professional standards. Id. at 688-89; see also id. at 687 ("[The deficient performance prong] requires showing that counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed by the Sixth Amendment."). To establish prejudice, the defendant must show a reasonable probability-i.e., a probability sufficient to undermine confidence in the outcome-that the result of the proceeding would have been different but for counsel's unprofessional errors. Id. at 694; see also id. at 687 ("[The prejudice prong] requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.").

         Analysis

         We fully agree with the trial court's analysis of claims 1, 3, 6, and 7, and we affirm the denial of those claims without further comment. We affirm the denial of the other claims for the reasons that follow.

         Clai ...


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