Legal Opinion

Lewis v. State

District Court of Appeal of Florida

Decided November 21, 2003No. 5D02-2221Published

1Opinion of the CourtThompson, J.

Robert Derek Lewis appeals an order denying his motion for post conviction relief. Lewis was convicted of capital sexual battery and contends that he had ineffective assistance of counsel.1 We affirm.

After his conviction was affirmed, see Lewis v. State, 719 So.2d 333 (Fla. 5th DCA 1998), Lewis filed a motion for post conviction relief alleging twelve instances of ineffective assistance of counsel. In Spencer v. State, 842 So.2d 52 (Fla.2003), the supreme court wrote:

In order to prevail on a claim of ineffective assistance of trial counsel, a defendant must demonstrate that (1) counsel’s…

2Cases cited6 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Cherry v. StateSupreme Court of Florida · 1995
  3. Spencer v. StateSupreme Court of Florida · 2003
  4. Valle v. StateSupreme Court of Florida · 1997
  5. Rivera v. DuggerSupreme Court of Florida · 1993

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