Beneby v. State

We affirm the summary denial of defendant Feliciano Beneby’s rule 3.850 motion for post-conviction relief. The motion was denied without prejudice to resubmit it within thirty days, adding factual allegations demonstrating that the alleged deficiencies of Beneby’s trial counsel prejudiced him.

In order to demonstrate ineffective assistance of counsel, movants must show that their counsel’s performance was deficient and that there is a reasonable probability that counsel’s deficient performance affected the outcome of the proceeding. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052,…