Rosario v. State

Appellant, Luis Rosario, challenges the trial court’s denial of his motion for post-conviction relief from his conviction of carrying a concealed weapon by a convicted felon. In that motion, he claimed that trial counsel was ineffective in failing to request a jury instruction defining “deadly weapon,” because the weapon he carried was a “bread knife.” The trial court summarily denied relief. We conclude that even if an instruction should have been given, appellant has not shown that, but for counsel’s error, the result of the proceeding would have been different. Strickland v. Washington,…