Mulvaney v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 SCOTT P. MULVANEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-3296 [October 22, 2008] 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. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 00-21914 CF10A. Scott Mulvaney, Defuniak Springs, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing. 1 Strickland v. Washington, 466 U.S. 668 (1984).

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