LEE v. STATE

No. 2D03-4584.

899 So.2d 348 (2005)

Carlos LEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 2, 2005.


Attorney(s) appearing for the Case

Diane Buerger of The Buerger Law Firm, P.A., Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Michele Taylor, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

Carlos Lee, convicted of three counts of capital sexual battery on a child under the age of twelve, appeals from orders denying his motion for postconviction relief, both summarily and after an evidentiary hearing. Because Mr. Lee's trial counsel failed to thoroughly investigate the significant medical evidence presented at trial and its relationship to the victim's prior allegations of abuse, we hold that his conduct fell below the standard of reasonable...

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