RADILLO V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 SERGIO RADILLO, JR., ** Appellant, ** vs. ** CASE NO. ** ** LOWER TRIBUNAL NO. 93-39508 THE STATE OF FLORIDA, Appellee. 3D00-1964 Opinion filed August 15, 2001. An appeal from the Circuit Court for Dade County, Amy Dean, Judge. Rodney W. Bryson and H. Frank Rubio, for appellant. Robert A. Butterworth, Attorney General, and Ingrassia, Assistant Attorney General, for appellee. Frank J. Before JORGENSON, COPE and GREEN, JJ. PER CURIAM. Sergio Radillo, Jr., appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm. The trial court conducted a lengthy evidentiary hearing on defendant-appellant Radillo s claims that his trial counsel had been ineffective. The same trial judge had presided at the trial in which the defendant was convicted. In a thorough order, the court concluded that the defendant had failed to establish his trial counsel had been ineffective. See Strickland v. Washington, 466 U.S. 668 (1984). The trial court s order is supported by competent substantial evidence, and accordingly we affirm. Porter v. State, 26 Fla. L. Weekly S321 (Fla. May 3, 2001). We likewise find no error in the scope of the evidentiary hearing that was ordered. The defendant also contends that the trial court should have considered polygraph evidence. authority of We reject that argument on Shannon v. State, 753 So. 2d 148 (Fla. 3d DCA 2000). Affirmed. 2

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