STEEL v. STATE (1998)

District Court of Appeal of Florida,Fourth District.

Steven STEEL, Appellant, v. STATE of Florida, Appellee.

No. 97-2685.

Decided: July 08, 1998

Michael D. Gelety, Fort Lauderdale, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.

In Steel v. State, 684 So.2d 290 (Fla. 4th DCA 1996), this court reversed the order summarily denying Steven Steel's motion for post-conviction relief and ordered an evidentiary hearing to determine whether trial counsel's error had resulted in prejudice. At that hearing, Steel failed to prove that the plea offer he rejected would have resulted in a more favorable sentence than the one imposed after trial. We therefore affirm the denial of relief on that allegation.

We also directed the trial court to hold a hearing to determine whether counsel's error had affected the outcome of the trial. Because Steel filed a written notice in this court abandoning and waiving that claim, there is no need for the trial court to conduct any further proceedings on his motion.

AFFIRMED.

PER CURIAM.

DELL, FARMER and SHAHOOD, JJ., concur.

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