STATE v. McKIVER

No. 5D13-439.

128 So.3d 197 (2013)

STATE of Florida, Appellant, v. Luther T. McKIVER, Appellee.

District Court of Appeal of Florida, Fifth District.

December 6, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Robin A. Compton , Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy , Public Defender, and Allison A. Havens , Assistant Public Defender, Daytona Beach, for Appellee.


PER CURIAM.

The State appeals the trial court order granting Appellee's Motion for Post Conviction Relief under rule 3.850, Florida Rules of Criminal Procedure. As the Florida Supreme Court has held:

[T]wo requirements must be satisfied for ineffective assistance of counsel claims to be successful under the Strickland1 standard: First, a defendant must show that counsel's actions or omissions were deficient; and second...

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