995 So. 2d 1002

Scott P. MULVANEY, Appellant, v. STATE of Florida, Appellee.

No. 4D08-3296.

District Court of Appeal of Florida, Fourth District.

Oct. 22, 2008.

Rehearing Denied Dec. 19, 2008.

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 Strickland1 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.

Mulvaney v. State
995 So. 2d 1002

Case Details

Name
Mulvaney v. State
Decision Date
Oct 22, 2008
Citations

995 So. 2d 1002

Jurisdiction
Florida

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