Devega v. State

District Court of Appeal of Florida

Devega v. State

706 So. 2d 102, 1998 Fla. App. LEXIS 1506, 1998 WL 64985

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 1998

DocketNo. 97-1715

StatusPublished

Cited by1 cases

This text of 706 So. 2d 102 (Devega 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.

Bluebook

Devega v. State, 706 So. 2d 102, 1998 Fla. App. LEXIS 1506, 1998 WL 64985 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Quimones Devega appeals the summary denial of his motion for postconviction relief. In that motion Devega contended that his trial counsel was ineffective in failing to investigate the circumstances of a vehicle stop and search which led to the discovery of cocaine. Devega was charged with and convicted of trafficking in that cocaine. Trial counsel, according to the post-conviction motion, was also ineffective in failing to move to suppress the evidence.

In its answer brief, the state concedes that summary denial of this motion without attachment of portions of the record showing that appellant was not entitled to relief or the holding of an evidentiary hearing was error. We agree, and accordingly we reverse and remand for further proceedings consistent with Florida Rule of Criminal Procedure'3.850.

BARFIELD, C.J., and WOLF and LAWRENCE, JJ., concur.

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PER CURIAM.

Quimones Devega appeals the summary denial of his motion for postconviction relief. In that motion Devega contended that his trial counsel was ineffective in failing to investigate the circumstances of a vehicle stop and search which led to the discovery of cocaine. Devega was charged with and convicted of trafficking in that cocaine. Trial counsel, according to the post-conviction motion, was also ineffective in failing to move to suppress the evidence.

In its answer brief, the state concedes that summary denial of this motion without attachment of portions of the record showing that appellant was not entitled to relief or the holding of an evidentiary hearing was error. We agree, and accordingly we reverse and remand for further proceedings consistent with Florida Rule of Criminal Procedure'3.850.

BARFIELD, C.J., and WOLF and LAWRENCE, JJ., concur.

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706 So. 2d 102, 1998 Fla. App. LEXIS 1506, 1998 WL 64985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devega-v-state-fladistctapp-1998.

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