Barros v. State

District Court of Appeal of Florida

Barros v. State

929 So. 2d 57, 2006 Fla. App. LEXIS 7242, 2006 WL 1289149

District Court of Appeal of Florida·Decided May 12, 2006·No. No. 5D05-4243·Published

Opinion

PER CURIAM.

Hugo Q. Barros appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. As to grounds two and three, we affirm without further comment. As to ground one, we reverse for a hearing as the allegations, if true, would demonstrate that counsel “entirely fail[ed] to subject the prosecution’s case to meaningful adversarial testing,” resulting in the presumption of prejudice. U.S. v. Cronic, 466 U.S. 648, 659, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984); Dillbeck v. State, 882 So.2d 969 (Fla.2004). .

AFFIRMED IN PART, REVERSED IN PART.

SAWAYA, PALMER and ORFINGER, JJ., concur.

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PER CURIAM.

Hugo Q. Barros appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. As to grounds two and three, we affirm without further comment. As to ground one, we reverse for a hearing as the allegations, if true, would demonstrate that counsel “entirely fail[ed] to subject the prosecution’s case to meaningful adversarial testing,” resulting in the presumption of prejudice. U.S. v. Cronic, 466 U.S. 648, 659, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984); Dillbeck v. State, 882 So.2d 969 (Fla.2004). .

AFFIRMED IN PART, REVERSED IN PART.

SAWAYA, PALMER and ORFINGER, JJ., concur.

Barros v. State, 929 So. 2d 57, 2006 Fla. App. LEXIS 7242, 2006 WL 1289149 (Fla. Ct. App. 2006).

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Opinion

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