Opinion
No. 3D09-1442.
September 16, 2009.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Daryl Trawick, Judge.
Angel Jomolla, in proper person.
Bill McCollum, Attorney General, for appellee.
Before GERSTEN and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.
Affirmed. See Reyes v. State, 920 So.2d 1171 (Fla. 3d DCA 2006) (holding that where results would not have been different but for counsel's error, the defendant has not proven prejudice as required under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)); see also Jomolla v. State, 990 So.2d 1234, 1238 (Fla. 3d DCA 2008) (finding that the State did not argue the erroneous theory or rely upon it in the prosecution's case).