Legal Opinion

Lopez v. State

District Court of Appeal of Florida

Decided July 5, 1984No. 83-1500Published

1Per curiam

We affirm the trial court’s denial, after an evidentiary hearing, of appellant’s motion for post-conviction relief alleging ineffectiveness of trial counsel.

Our affirmance is substantially predicated upon our deference to the position of the trial judge, who was the same judge that presided over appellant’s trial, as the trier of fact to resolve issues of fact and credibility in considering the alleged deficiencies of counsel and their effects on the trial proceedings. We are particularly influenced by the trial court’s own observations as to the manner in which a decision was made by…

2Cases cited2 opinions

  1. Knight v. StateSupreme Court of Florida · 1981
  2. Josey v. StateDistrict Court of Appeal of Florida · 1974

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