Florida District Courts of Appeal, 2006

Barros v. State

Barros v. State
Florida District Courts of Appeal · Decided May 12, 2006 · Orfinger, Palmer, Sawaya
929 So. 2d 57; 2006 Fla. App. LEXIS 7242; 2006 WL 1289149 (Southern Reporter, Second Series)

Barros v. State

Opinion of the Court

PER CURIAM.

Hugo Q. Barros appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. As to grounds two and three, we affirm without further comment. As to ground one, we reverse for a hearing as the allegations, if true, would demonstrate that counsel “entirely fail[ed] to subject the prosecution’s case to meaningful adversarial testing,” resulting in the presumption of prejudice. U.S. v. Cronic, 466 U.S. 648, 659, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984); Dillbeck v. State, 882 So.2d 969 (Fla. 2004). .

AFFIRMED IN PART, REVERSED IN PART.

SAWAYA, PALMER and ORFINGER, JJ., concur.

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