Aquino v. State
Cases that cite this one
1 later published case cites this decision.
- RASHAUN COOPER vs STATE OF FLORIDA (Fla. Dist. Ct. App. 2023)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In this Florida Rule of Criminal Procedure- 3.850 proceeding, Appellant challenges, the summary denial of his petition for postconviction relief. We reverse as to claim two (the failure to call Pedro Molina as a witness) and claim three (the failure to call Appellant as a witness). The attached portions of the record do not conclusively refute Appellant’s allegations regarding these claims. On remand, the trial court shall either conduct a hearing, attach other portions of the record that conclusively refute the claims or grant the requested relief. Also, because the trial court failed to rule on claim seven of Appellant’s timely filed addendum to his rule 3,850 motion, we remand for the trial court to consider that claim as well.
We affirm as to all other'points on appeal.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.