Legal Opinion

Jomolla v. State

District Court of Appeal of Florida

Decided September 16, 2009No. 3D09-1442Published

1Per curiam

Affirmed. See Reyes v. State, 920 So.2d 1171 (Fla. 3d DCA 2006) (holding that where results would not have been different but for counsel’s error, the defendant has not proven prejudice as required under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)); see also Jomolla v. State, 990 So.2d 1234, 1238 (Fla. 3d DCA 2008) (finding that the State did not argue the erroneous theory or rely upon it in the prosecution’s case).

2Cases cited3 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jomolla v. StateDistrict Court of Appeal of Florida · 2008
  3. Reyes v. StateDistrict Court of Appeal of Florida · 2006