Arellano v. State

Bernes, Judge.

Rolando Arellano was convicted by a jury of trafficking cocaine in an amount greater than 200 grams. He argues that his trial counsel rendered ineffective assistance because she failed to object to statements made by a prosecution witness regarding Arellano’s post-arrest silence. While we agree that the testimony was improper and Arellano’s counsel was deficient in failing to object, Arellano cannot establish that her deficient performance prejudiced his defense. We therefore affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the…