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Hamner v. State, No. 4D08-2610 (Fla. App. 7/1/2009) (Fla. App., 2009)

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JOHN DEAN HAMNER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-2610 District Court of Appeal of Florida, Fourth District. July 1, 2009. Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Karen M. Miller, Judge, L.T. Case No. 03-10128CFA02. Steven H. Malone, Steven H. Malone, P.A., West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee. GERBER, J. The defendant below, convicted and sentenced for sexual battery without physical force, appeals the trial court’s denial of his motion for postconviction relief alleging ineffective assistance of counsel. To prevail on a claim of ineffective assistance, a defendant must show (1) that counsel’s performance was deficient, and (2) that the deficient performance prejudiced the defense...continue to full post

Full post as published by Florida Criminal Law Opinions on July 01, 2009 (boomark / email).