Bacon v. State
Bacon v. State
Opinion of the Court
The appellant challenges the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. The summary denial of the appellant’s colorable claim that his trial counsel was ineffective for failing to pursue a voluntary intoxication defense is reversed. See, e.g., Hester v. State, 23 Fla. L. Weekly D1567, - So.2d -, 1998 WL 323517 (Fla. 1st DCA June 22, 1998),; Bartley v. State, 689 So.2d 372 (Fla. 1st DCA 1997); Spivey v. State, 680 So.2d 565 (Fla. 1st DCA 1996); Morris v. State, 670 So.2d 1151 (Fla. 1st DCA 1996). In denying the appellant’s claim, the trial court observed that the defense presented at trial, mistaken identity, suggested a tactical decision by trial counsel not to present the voluntary intoxication de
Case-law data current through December 31, 2025. Source: CourtListener bulk data.