Radillov.State

District Court of Appeal of Florida, Third DistrictOct 31, 2001
797 So. 2d 23 (Fla. Dist. Ct. App. 2001)

No. 3D00-1964.

August 15, 2001. Rehearing En Banc Denied October 31, 2001.

An appeal from the Circuit Court for Dade County, Amy Dean, Judge. Lower Tribunal No. 93-39508.

Rodney W. Bryson and H. Frank Rubio, for appellant.

Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and GREEN, JJ.


Sergio Radillo, Jr., appeals an order denying his motion for post conviction relief under Florida Rule of Criminal Procedure 3.850. We affirm.

The trial court conducted a lengthy evidentiary hearing on defendant-appellant Radillo's claims that his trial counsel had been ineffective. The same trial judge had presided at the trial in which the defendant was convicted.

In a thorough order, the court concluded that the defendant had failed to establish his trial counsel had been ineffective. See Strickland v. Washington, 466 U.S. 668 (1984). The trial court's order is supported by competent substantial evidence, and accordingly we affirm. Porter v. State, 26 Fla. L. Weekly S321 (Fla. May 3, 2001). We likewise find no error in the scope of the evidentiary hearing that was ordered.

The defendant also contends that the trial court should have considered polygraph evidence. We reject that argument on authority of Shannon v. State, 753 So.2d 148 (Fla. 3d DCA 2000).

Affirmed.