Mulvaney v. State, 995 So. 2d 1002 (Fla. 4th DCA 2008). · Go Syfert
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Mulvaney v. State, 995 So. 2d 1002 (Fla. 4th DCA 2008). Cases Citing This Book View Copy Cite
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Scott P. MULVANEY, Appellant,
v.
STATE of Florida, Appellee.
4D08-3296.
District Court of Appeal of Florida, Fourth District.
Oct 22, 2008.
995 So. 2d 1002
Per Curiam.
Published

Scott Mulvaney, Defuniak Springs, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. As found by the trial court, the postconviction motion is successive and untimely. Even if it were not, it fails to show Strickland[1] prejudice as a matter of law. See Sanders v. State, 946 So.2d 953, 960 (Fla.2006) ("[A]s a matter of law, the possibility of a jury pardon cannot form the basis for a finding of prejudice under Strickland.").

WARNER, FARMER and TAYLOR, JJ., concur.

1 Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).