Gavilan v. State

Gavilan appeals from the summary denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Gavilan was convicted of first degree murder and robbery with a firearm. We affirmed his convictions and sentences. See Gavilan v. State, 708 So.2d 283 (Fla. 5th DCA 1998). In this proceeding, Gavilan argues his trial counsel was ineffective for four reasons. We disagree and affirm.

First, Gavilan argues his trial counsel should have developed an intoxication defense and presented expert testimony to establish he could have been intoxicated at the time he…