Edwin Proano v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed the denial of Edwin Proano’s motion for postconviction relief under Florida Rule of Criminal Procedure 3.850(b). The court deferred to the trial court’s credibility findings and concluded that counsel’s decision not to call the responding officer was reasonable and that the finding concerning the absence of a formal six-year plea offer was supported by competent, substantial evidence.

Holdings

1. The trial court properly denied relief because counsel's decision not to call the responding officer was reasonably explained as a tactical decision and the appellate court deferred to the trial court's credibility findings.
2. The trial court did not clearly err in finding that no formal six-year plea offer existed because that finding was supported by competent, substantial evidence.

Questions Presented

1. Whether the trial court erred in denying Proano's postconviction claim that counsel was ineffective for failing to call the responding officer as a witness.
2. Whether the trial court erred in finding that no formal six-year plea offer had been made and in denying related plea-based ineffective-assistance relief.

Disposition

affirmed