Aquino v. State

District Court of Appeal of Florida

Aquino v. State

178 So. 3d 970, 2015 Fla. App. LEXIS 18122, 2015 WL 7782834

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 2015

DocketNo, 5D13-4524

StatusPublished

Cited by1 cases

This text of 178 So. 3d 970 (Aquino v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aquino v. State, 178 So. 3d 970, 2015 Fla. App. LEXIS 18122, 2015 WL 7782834 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

In this Florida Rule of Criminal Procedure- 3.850 proceeding, Appellant challenges, the summary denial of his petition for postconviction relief. We reverse as to claim two (the failure to call Pedro Molina as a witness) and claim three (the failure to call Appellant as a witness). The attached portions of the record do not conclusively refute Appellant’s allegations regarding these claims. On remand, the trial court shall either conduct a hearing, attach other portions of the record that conclusively refute the claims or grant the requested relief. Also, because the trial court failed to rule on claim seven of Appellant’s timely filed addendum to his rule 3,850 motion, we remand for the trial court to consider that claim as well.

We affirm as to all other'points on appeal.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

PALMER, ORFINGER and TORPY, JJ., concur.

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PER CURIAM.

In this Florida Rule of Criminal Procedure- 3.850 proceeding, Appellant challenges, the summary denial of his petition for postconviction relief. We reverse as to claim two (the failure to call Pedro Molina as a witness) and claim three (the failure to call Appellant as a witness). The attached portions of the record do not conclusively refute Appellant’s allegations regarding these claims. On remand, the trial court shall either conduct a hearing, attach other portions of the record that conclusively refute the claims or grant the requested relief. Also, because the trial court failed to rule on claim seven of Appellant’s timely filed addendum to his rule 3,850 motion, we remand for the trial court to consider that claim as well.

We affirm as to all other'points on appeal.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

PALMER, ORFINGER and TORPY, JJ., concur.

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Bluebook (online)

178 So. 3d 970, 2015 Fla. App. LEXIS 18122, 2015 WL 7782834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aquino-v-state-fladistctapp-2015.

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