Juan Manuel Reyes v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: June 30, 2025
• Docket: 6D2023-1737
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2023-1737 Lower Tribunal No. 2019-CF-014302 _____________________________

JUAN MANUEL REYES

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________

Petition Alleging Ineffective Assistance of Counsel. A Case of Original Jurisdiction.

June 30, 2025

PER CURIAM

Juan Manuel Reyes petitions this Court for habeas corpus relief, alleging

several claims of ineffective assistance of appellate counsel. We grant the petition

solely as it relates to the claim of a double jeopardy violation.

“A petitioner claiming ineffective assistance of appellate counsel must show

counsel’s performance was deficient and the deficient performance prejudiced the

petitioner by undermining confidence in the appellate result.” Stewart v. State, 405

So. 3d 378, 379 (Fla. 6th DCA 2023) (citing Farina v. State, 937 So. 2d 612, 626 (Fla. 2006)). We find that Reyes has satisfied both prongs and is thus entitled to a

new appeal on the double jeopardy issue.

Reyes’s appellate counsel failed to raise that Reyes’s convictions for both

possession of cocaine, in violation of section 893.13(6)(a), Florida Statutes (2019),

and trafficking in cocaine—28 grams or more, in violation of section 893.135(1)(b),

Florida Statutes (2019), violate the proscription against double jeopardy. We believe

this issue merits briefing to address the alternative conduct analysis in Roughton v.

State, 185 So. 3d 1207 (Fla. 2016), and the analysis employed in Driver v. State, 288

So. 3d 716 (Fla. 4th DCA 2020). We conclude that appellate counsel’s failure to

raise this issue constituted deficient performance and undermined confidence in the

outcome of the appeal. Accordingly, we grant Reyes a new appeal as to this issue

only, finding no merit in the other issues raised by Reyes.

This opinion shall be filed with the lower tribunal and treated as the notice of

belated appeal of the judgment and sentence. Upon receipt, the clerk of the lower

court shall certify a copy of this opinion to this Court in accordance with Florida

Rule of Appellate Procedure 9.040(g). The appeal shall proceed under a new case

number, which shall be assigned upon receipt in this Court of the certified opinion.

Because the original record on appeal was filed in the Second District Court of

Appeal, it is unavailable to this Court; accordingly, Reyes must make arrangements

with the clerk of the lower court to transmit the record to this Court. All time

2 requirements of the Florida Rules of Appellate Procedure shall run from the date of

this opinion. If Reyes qualifies for appointed counsel, the trial court shall appoint

counsel to represent him on appeal.

PETITION GRANTED in part; DENIED in part.

STARGEL, WOZNIAK and GANNAM, JJ., concur.

Juan Manuel Reyes, Miami, pro se.

James Uthmeier, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Respondent.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED