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Lynn v. State

Florida Court of Appeals, First District

December 3, 2019

Eric Lynn, Appellant,
v.
State of Florida, Appellee.

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

         On Motion for Rehearing

          Valarie Linnen, Jacksonville, for Appellant.

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

          PER CURIAM.

         We deny the pro se Motion for Rehearing and Motion for Rehearing En Banc. We withdraw our previous opinion, however, and substitute the following in its place.

         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 attempted 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 ...


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