Shawn Lowry v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 2, 2020
Docket1D17-1176
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-1176
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SHAWN LOWRY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Gadsden County.
Barbara K. Hobbs, Judge.
March 2, 2020
PER CURIAM.
When a postconviction claim for ineffective assistance of
counsel is based on counsel’s alleged failure to properly challenge
the defendant’s competency to stand trial, to establish prejudice,
the postconviction movant must set forth clear and convincing
circumstances that create a real, substantial and legitimate doubt
as to the movant’s competency. See Thompson v. State, 88 So. 3d
312, 319 (Fla. 4th DCA 2012); see also Faulk v. State, 284 So. 3d
1158, 1164 (Fla. 1st DCA 2019).
AFFIRMED.
ROBERTS, ROWE, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Baya Harrison, Monticello, for Appellant; Shawn Lowry, pro se,
Appellant.
Ashley Moody, Attorney General, and Holly N. Simcox, Assistant
Attorney General, Tallahassee, for Appellee.
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