CRUZ 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 JOSE ANTONIO CRUZ, Appellant, ** ** vs. ** CASE NO. 3D00-3297 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 95-38931 Appellee. ** Opinion filed September 19, 2001. An Appeal from the Circuit Court for Dade County, Richard V. Margolius, Judge. Bennett H. Brummer, Public Defender and Manuel Alvarez, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General and John D. Barker, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and GODERICH, JJ. PER CURIAM. After the evidentiary hearing required by Cruz v. State, 760 So. 2d 1095 (Fla. 3d DCA 2000), on the issue of defense counsel s alleged ineffectiveness in failing to investigate and produce medical testimony concerning the extent of the victim s injuries, Cruz, 760 So. 2d at 1095, the trial court found that counsel had not been ineffective. this ruling. Cruz again appeals but we find no error in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674 (1984); Johnson v. State, 769 So. 2d 990 (Fla. 2000); Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991). Affirmed.

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