County Criminal Court: CRIMINAL PROCEDURE – Post Conviction Relief – Ineffective assistance of counsel not shown where the defendant failed to demonstrate his attorney’s acts or omissions constituted deficient performance. – Judgment affirmed. Walsh v. State, No. 03-74 APANO (Fla. 6th Cir. App. Ct. Feb. 18, 2004).

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

JAMES WALSH

 

            Appellant,

v.

 

Appeal No. CRC 03-74 APANO

UCN522003AP000074XXXXCR

STATE OF FLORIDA

 

            Appellee.

___________________________/

 

 

Opinion filed ___________________.

 

Appeal from a decision of the Pinellas County Court

County Judge Thomas Freeman

 

James Walsh, Pro Se

ORDER AND OPINION

 

            THIS MATTER is before the Court on James Walsh’s appeal from a decision of the Pinellas County Court denying his motion for post-conviction relief. After reviewing the record this Court affirms the decision of the trial court.

            The defendant raises four issues, three of which involve ineffective assistance of counsel claims. Ineffective assistance of counsel claims are governed by Strickland v. Washington, 466 U.S. 668 (1984). To sustain an ineffective assistance of counsel claim, the defendant must show that his counsel’s performance was deficient and that the deficiency prejudiced his case.

This Court agrees with the trial court’s decision that the defendant failed to demonstrate that his attorney’s acts or omissions constituted deficient performance. Neither did the defendant demonstrate any prejudice as a result of his attorney’s performance. Therefore, the defendant is not entitled to relief.  The trial court has already corrected the fourth issue, an alleged sentencing error.

            IT IS THEREFORE ORDERED that the decision of the trial court to deny the defendant’s motion for post-conviction relief is affirmed.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of February, 2004.

 

 

                                                                                    ________________________

                                                                                    James R. Case

                                                                                    Circuit Judge

 

 

 

 

 

                                                                                    _________________________

                                                                                    Nancy Moate Ley

                                                                                    Circuit Judge

 

 

 

 

 

                                                                                    ________________________                                                                                                John A. Schaefer

                                                                                    Circuit Judge

 

cc:   State Attorney

 

        James Walsh

 

       County Judge Freeman