McDade v. State

Full title: Eric Laverne McDade, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Apr 13, 2022

No. 3D21-831 (Fla. Dist. Ct. App. Apr. 13, 2022)

Opinion

3D21-831

04-13-2022

Eric Laverne McDade, Appellant, v. The State of Florida, Appellee.

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

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge. Lower Tribunal No. F10-19926

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Before EMAS, MILLER and BOKOR, JJ.

PER CURIAM

Affirmed. See Forbes v. State, 269 So.3d 677, 679 (Fla. 3d DCA 2019) ("Following an evidentiary hearing, we review the denial of a motion for postconviction relief to determine whether competent, substantial evidence supports the postconviction court's findings of fact") (citing Mosley v. State, 209 So.3d 1248, 1262 (Fla. 2016)); Floyd v. State, 299 So.3d 594, 596 (Fla. 2d DCA 2020) ("On review of an order denying a postconviction motion following an evidentiary hearing, we defer to the postconviction court's credibility determinations and findings of fact that are supported by competent substantial evidence.")