Comacho v. State
Comacho v. State
Opinion of the Court
Danni Comacho appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Comacho was charged with trafficking in twenty-eight grams or more of heroin under section 893.135(l)(c), Florida Statutes (Supp. 1996). At trial, conflicting evidence was presented regarding the amount of heroin that Co-macho possessed. In accordance with State v. Weller, 590 So.2d 923 (Fla. 1991), and Standard Jury Instructions in Criminal Cases (97-1), 697 So.2d 84, 89 (Fla. 1997), the trial court should have instructed the jury on trafficking in lesser amounts of heroin, but the trial court believed that Comacho was not entitled to this instruction.
Comacho alleges that his trial counsel was ineffective for not objecting to the
Affirmed in part, reversed in part, and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.