Toro v. State

District Court of Appeal of Florida

Toro v. State

833 So. 2d 876, 2003 Fla. App. LEXIS 79, 2003 WL 43365

CourtDistrict Court of Appeal of Florida

DecidedJanuary 8, 2003

DocketNo. 2D00-4387

StatusPublished

Cited by1 cases

This text of 833 So. 2d 876 (Toro 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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Toro v. State, 833 So. 2d 876, 2003 Fla. App. LEXIS 79, 2003 WL 43365 (Fla. Ct. App. 2003).

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Opinion

BLUE, Chief Judge.

Danny Toro appeals the denial of his postconviction relief motion alleging ineffective assistance of trial counsel. We affirm the summary denial of five of the six claims presented in Toro’s motion. The remaining claim was denied following an evidentiary hearing. Because counsel should have been appointed to represent Toro at the evidentiary hearing, we re[877]*877verse the order denying the claim presented in ground three and remand for appointment of counsel and a new eviden-tiary hearing. See Lee v. State, 801 So.2d 1022 (Fla. 2d DCA 2001).

Affirmed in part, reversed in part, and remanded with directions.

SALCINES and DAVIS, JJ., Concur.

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BLUE, Chief Judge.

Danny Toro appeals the denial of his postconviction relief motion alleging ineffective assistance of trial counsel. We affirm the summary denial of five of the six claims presented in Toro’s motion. The remaining claim was denied following an evidentiary hearing. Because counsel should have been appointed to represent Toro at the evidentiary hearing, we re[877]*877verse the order denying the claim presented in ground three and remand for appointment of counsel and a new eviden-tiary hearing. See Lee v. State, 801 So.2d 1022 (Fla. 2d DCA 2001).

Affirmed in part, reversed in part, and remanded with directions.

SALCINES and DAVIS, JJ., Concur.

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833 So. 2d 876, 2003 Fla. App. LEXIS 79, 2003 WL 43365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toro-v-state-fladistctapp-2003.

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