Pereira v. State

Florida District Courts of Appeal
Pereira v. State, 863 So. 2d 487 (2004)
2004 Fla. App. LEXIS 445; 2004 WL 87693
Cope, Levy, Shevin

Pereira v. State

Opinion of the Court

SHEVIN, Judge.

We reverse the order denying defendant’s motion for post conviction relief, and remand this matter to the trial court for an evidentiary hearing on grounds of ineffective assistance of trial counsel raised in defendant’s motion. See McLin v. State, 827 So.2d 948 (Fla. 2002) (where no eviden-tiary hearing held on ineffective assistance of counsel appellate court must accept defendant’s factual allegations to the extent they are not refuted by the record). We affirm the trial court’s order as to the remaining issues raised.

Affirmed in part, reversed in part, and remanded for an evidentiary hearing.

Reference

Full Case Name
Ciro Miguel PEREIRA v. The STATE of Florida
Cited By
1 case
Status
Published