Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dunn v. State

Florida Court of Appeals, First District

September 9, 2019

Michael Dunn, 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 Duval County. Russell Healey, Judge.

          Michael Dunn, pro se, Appellant.

          Ashley Moody, Attorney General, Holly N. Simcox, Assistant Attorney General, Tallahassee, for Appellee.

          PER CURIAM.

         Michael Dunn appeals an order summarily denying his motion for postconviction relief. Because Dunn's claims were conclusively refuted by the record or legally insufficient, we affirm.

         Facts

         In November 2012, Dunn was involved in a shooting that took place in the parking lot of a convenience store. Dunn was sitting in his car and complaining about loud music coming from a nearby car occupied by four men. After exchanging words with one of the passengers in the backseat of the other car, Dunn fired ten shots at the car. Nine shots struck the car-the last three hit the rear door on the passenger side. Dunn fired the first shots from his car but fired the last three shots after he had gotten out of his car. Dunn was standing in a shooting stance and fired the gun as the other car drove away. A passenger in the back seat of the car was struck by one of the bullets and died.

         Dunn was convicted of first-degree murder while discharging a firearm (count one), three counts of attempted second-degree murder while discharging a firearm (counts two-four), and one count of shooting or throwing deadly missiles (count five). The court sentenced Dunn to a mandatory term of life imprisonment on count one; to consecutive terms of thirty years' imprisonment with consecutive twenty-year mandatory-minimum terms on counts two, three, and four; and to fifteen years' imprisonment on count five. His convictions and sentences were affirmed on direct appeal. Dunn v. State, 206 So.3d 802 (Fla. 1st DCA 2016).

         Dunn timely moved for postconviction relief, raising eleven claims for relief. The trial court summarily denied the motion, rejecting all eleven claims. This timely appeal follows.

         Analysis

         We review an order summarily denying a postconviction motion de novo. Corbett v. State, 267 So.3d 1051, 1055 (Fla. 1st DCA 2019). To prevail on a claim of ineffective assistance of counsel, the appellant must show that counsel's performance was outside the wide range of reasonable professional assistance, and that such conduct in fact prejudiced the outcome of the proceedings because without the conduct, there is a reasonable probability that the outcome would have been different. Strickland v. Washington, 466 U.S. 668, 687-88, 691-92 (1984); Spencer v. State, 842 So.2d 52 (Fla. 2003).

         Claim One

         Dunn alleges that the trial court provided incorrect answers to two jury questions: (1) whether the jury could render a verdict on counts two through five if it was deadlocked on a verdict for count one; and (2) whether self-defense applies to "person B, C, and D" if it applies to "person A." But claims of trial court error are not cognizable in a motion for postconviction relief. Johnson v. State, 985 So.2d 1215, 1215 (Fla. 1st DCA 2008). Those claims must be raised on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.