Justis Martin v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 26, 2020
Docket3D19-2001
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed February 26, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2001
Lower Tribunal Nos. 09-11820D, 05-36013
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Justis Martin,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Alan S. Fine, Judge.
Justis Martin, in proper person.
Ashley Moody, Attorney General, for appellee.
Before SALTER, HENDON, and LOBREE, JJ.
HENDON, J.
Justis Martin appeals from the trial court’s order denying his motion for
postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850.
We affirm.
In 2007, Martin was sentenced to youthful offender sanctions and twenty-two
months in prison to be followed by two years of community control with another
year of reporting probation. Martin violated community control by committing new
crimes stemming from an armed robbery in which the State charged Martin with
first-degree murder, second-degree felony murder and armed robbery (lower court
case number 09-11820(d)). In 2014, the trial court conducted a probation violation
hearing. However, before sentencing on the probation violation matter, Martin went
to trial and was convicted of first-degree murder, armed robbery, and second-degree
felony murder.
In 2016, Martin was sentenced to life imprisonment as to the first-degree
murder charge, thirty years concurrent as to the second-degree felony murder and
fifteen years for armed robbery. Martin also received a six-year sentence for the new
law violation to be served consecutive to the sentence imposed in case 09-11820(d).
On appeal, this court affirmed Martin’s order of revocation in all respects, except
for the violation of failing to obtain a GED. This court also affirmed Martin’s appeal
of the conviction and sentence in case 09-11820(d).
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Martin now files a motion for postconviction relief, pursuant to Rule 3.850,
raising various claims of ineffective assistance of counsel. “A convicted defendant’s
claim that counsel’s assistance was so defective as to require reversal . . . has two
components. First, the defendant must show that counsel’s performance was
deficient. . . . Second, the defendant must show that the deficient performance
prejudiced the defense.” See Strickland v. Washington, 466 U.S. 668, 687 (1984);
see also Blackwood v. State, 217 So. 3d 1146, 1147 (Fla. 2d DCA 2017). Martin
failed to “demonstrate both deficiency and prejudice,” thus we affirm the trial court’s
denial of appellant’s motion for postconviction relief. Krawczuk v. State, 92 So. 3d
195, 202 (Fla. 2012) (“[T]his Court has held that for ineffective assistance of counsel
claims to be successful, the defendant must demonstrate both deficiency and
prejudice.”) (citing Bolin v. State, 41 So. 3d 151, 155 (Fla. 2010)). Martin’s claims
of ineffective assistance of counsel all fail on the merits and are conclusively refuted
by the record. Lee v. State, 789 So. 2d 1176, 1177 (Fla. 3d DCA 2001) (“A defendant
is entitled to an evidentiary hearing on a motion for post-conviction relief unless . .
. the motion, files, and records in the case conclusively show that the defendant is
entitled to no relief . . . .”). We therefore affirm the denial of relief as to all
grounds raised.
Affirmed.
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