BARNES v. STATE (2024)

District Court of Appeal of Florida, Third District.

Albert Louis BARNES, Appellant, v. The STATE of Florida, Appellee.

No. 3D23-0839

Decided: September 04, 2024

Before SCALES, MILLER and BOKOR, JJ.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Affirmed. See Miller v. State, 161 So. 3d 354, 363-64 (Fla. 2015) (holding, consistent with Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), that a claim for ineffective assistance of counsel must satisfy two criteria: counsel's deficient performance and prejudice to the defendant); Melton v. State, 949 So. 2d 994, 1004 (Fla. 2006) (holding that counsel is not deficient in failing to call witnesses who refuse to cooperate with the defense and are therefore unavailable for trial; Occhicone v. State, 768 So. 2d 1037, 1048 (Fla. 2000) (“[S]trategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct.”).

PER CURIAM.

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