SMITH v. STATE

No. 90-165.

579 So.2d 906 (1991)

Aurelian SMITH, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 30, 1991.


Attorney(s) appearing for the Case

Horace Smith, Jr., of Horace Smith, Jr., P.A., Monaco, Smith, Hood, Perkins, Orfinger & Stout, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.


PETERSON, Judge.

Aurelian Smith, Jr., appeals the denial of his motion for new trial, alleging that he received ineffective assistance of counsel. The trial court heard testimony on the allegations of ineffective assistance and found that defense counsel's conduct "was measurably below the standard of conduct this court has become accustomed to from attorneys who normally appear before it." The trial court also found that defense counsel's errors identified by expert...

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