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Curry v. Secretary, Florida Department of Corrections
Monestime v. State, 88 So. 3d 204, 204 (Fla. 3d DCA 2011); Schofield v. State, 67 So. 3d 1066 , 1072 Fla. 2d DCA 2011).
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Welch MONESTIME
v.
The STATE of Florida
v.
The STATE of Florida
No. 3D10-800.
District Court of Appeal of Florida, Third District.
Oct 5, 2011.
Welch Monestime, in proper person., Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.
Lagoa, Ramirez, Rothenberg.
Cited by 1 opinion | Published
PER CURIAM.
Welch Monestime appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion alleging ineffective assistance of trial counsel. After an evidentiary hearing, the trial court based its ruling on a credibility determination in favor of trial counsel. This Court will not substitute its judgment for that of the trial court on issues of credibility as long as the trial court’s findings are supported by competent substantial evidence. See Gore v. State, 846 So.2d 461, 468 (Fla.2003). Because the trial court’s findings here were supported by trial counsel’s testimony, we affirm.
Affirmed.