STATE v. OISORIO

No. 94-595.

657 So.2d 4 (1995)

The STATE of Florida, Appellant, v. Robert OISORIO, Appellee.

District Court of Appeal of Florida, Third District.

Order Acknowledging Conflict, but Denying Certification of Conflict June 21, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Joni Braunstein, Asst. Atty. Gen., for appellant.

Scott A. Srebnick, William P. Cagney, III, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.


PER CURIAM.

After we per curiam affirmed his drug conviction in Oisorio v. State, 585 So.2d 942 (Fla. 3d DCA 1991), the trial court, upon an evidentiary hearing, granted the defendant's motion for 3.850 relief on the ground of ineffective assistance of trial counsel. That order is reversed because the record demonstrates, as a matter of law, that Oisorio did not satisfy the second, or "prejudice," prong of Strickland v. Washington, 466...

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