Roberto Gil v. the State of Florida

District Court of Appeal of Florida·Decided June 11, 2025·No. 3D2022-1265·Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 11, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1265 Lower Tribunal No. F12-21329C ________________

Roberto Gil, Appellant,

vs.

The State of Florida, Appellee.

An Appeal conducted pursuant to Anders v. California, 386 U.S. 738 (1967), from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.

Roberto Gil, in proper person.

James Uthmeier, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Before LOGUE, C.J., and LINDSEY and GORDO, JJ.

PER CURIAM. Roberto Gil appeals the denial of his timely-filed motion for

postconviction relief. We have reviewed the trial court’s meticulous treatment

of the Appellant’s claims, which included an opportunity for Appellant to

supplement his pleading after the trial court found them inadequate, carefully

determining Appellant had met the first but not second prong of Strickland v.

Washington, 466 U.S. 668 (1984), conducting evidentiary hearings on

certain points where appropriate, preparing a scholarly and insightful

seventeen-page order setting forth its reasoning and fact-findings, granting

full relief on one of Appellant’s claims and resetting that charge for trial, and

denying relief on the others. Finding no error, we affirm.

Affirmed.

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Roberto Gil v. the State of Florida, (Fla. Ct. App. 2025).

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)