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Lynn v. State

Florida Court of Appeals, First District

October 1, 2019

Eric Lynn, 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.

          Valarie Linnen, Jacksonville, for Appellant.

          Ashley Moody, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.

          PER CURIAM.

         Eric Lynn appeals an order denying his motion for postconviction relief following an evidentiary hearing. We affirm.

         Lynn was convicted by a jury of four counts of second-degree murder, one count of possession of a firearm by a convicted felon, and one count of tampering with a witness. He was sentenced to thirty years' imprisonment, followed by fifteen years' probation. After his counsel filed an Anders[*] appeal, this Court affirmed his convictions and sentences per curiam without a written opinion. Lynn v. State, 134 So. 3d 456 (Fla. 1st DCA 2014).

         Lynn timely moved for postconviction relief, raising twelve claims of ineffective assistance of counsel and one claim of cumulative error. After an evidentiary hearing, the trial court denied the motion in its entirety. This appeal follows.

         Preservation

         Although Lynn raised thirteen issues in his motion for postconviction relief, he appeals only the denial of claims two, five, six, nine, ten, and thirteen. Lynn thus waived the remaining claims by failing to present arguments on those claims in his initial brief. Prince v. State, 40 So. 3d 11, 12 (Fla. 4th DCA 2010). So we affirm the denial of claims one, three, four, seven, eight, eleven, and twelve without further discussion.

         Analysis

         We review de novo an order denying a motion for postconviction relief after an evidentiary hearing. 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, 61 (Fla. 2003).

         Claim Two

         Lynn asserts that defense counsel was ineffective for failing to object to the trial court's instruction to the jury that transcripts would not be provided during its deliberations. Lynn contends that the jury would have understood the court's answer to mean that any read-back of the testimony would be prohibited. He argues that it was per se reversible error to instruct a ...


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