Lowry v. State

Full title: SHAWN LOWRY, Appellant, v. STATE OF FLORIDA, Appellee.

Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Mar 2, 2020

292 So. 3d 834 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D17-1176

03-02-2020

Shawn LOWRY, Appellant, v. STATE of Florida, Appellee.

Baya Harrison, Monticello, for Appellant; Shawn Lowry, pro se, Appellant. Ashley Moody, Attorney General, and Holly N. Simcox, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Baya Harrison, Monticello, for Appellant; Shawn Lowry, pro se, Appellant.

Ashley Moody, Attorney General, and Holly N. Simcox, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

When a postconviction claim for ineffective assistance of counsel is based on counsel's alleged failure to properly challenge the defendant's competency to stand trial, to establish prejudice, the postconviction movant must set forth clear and convincing circumstances that create a real, substantial and legitimate doubt as to the movant's competency. See Thompson v. State , 88 So. 3d 312, 319 (Fla. 4th DCA 2012) ; see also Faulk v. State , 284 So. 3d 1158, 1164 (Fla. 1st DCA 2019).

AFFIRMED .

Roberts, Rowe, and Kelsey, JJ., concur.