Robitaille v. State
District Court of Appeal of Florida
1Opinion of the CourtWarner, J.
Appellant, John Robitaille, appeals the trial court’s summary denial of his motion for postconviction relief from his DUI manslaughter conviction. We affirm on all issues and write to address two issues. First, appellant contends that his trial attorney provided ineffective assistance by failing to object to the state’s toxicologist’s testimony regarding blood alcohol levels. When considering all of the evidence, we conclude that he has not shown Strickland prejudice. Second, we also conclude that he has failed to show that counsel was ineffective in failing to object to opinions an officer…
2Cases cited3 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Gulley v. PierceDistrict Court of Appeal of Florida · 1993
- Martelus v. StateDistrict Court of Appeal of Florida · 2006
3Cited by2 opinions
- Alston v. City of Riviera BeachDistrict Court of Appeal of Florida · 2006
- Joseph Stewart v. State of FloridaDistrict Court of Appeal of Florida · 2014