RIVERA v. STATE

No. 86528.

717 So.2d 477 (1998)

Michael T. RIVERA, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied September 9, 1998.


Attorney(s) appearing for the Case

Peter Warren Kenny, Capital Collateral Regional Representative-Southern Region, Miami; and Gail E. Anderson, Assistant CCR, and Harun Shabazz, Assistant CCR, Office of the Capital Collateral Representative, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Celia A. Terenzio, Assistant Attorney General, West Palm Beach, for Appellee.


PER CURIAM.

Michael T. Rivera, a prisoner under sentence of death, appeals an order entered by the trial court below pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm in part, reverse in part, and remand for an evidentiary hearing on the penalty phase effectiveness of counsel.

PROCEDURAL HISTORY

The facts of this case are detailed in Rivera's...

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