PEREZ-OCEQUEDA v. STATE

No. 5D10-4434.

62 So.3d 1228 (2011)

Jaime PEREZ-OCEQUEDA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 10, 2011.


Attorney(s) appearing for the Case

Jaime Perez-Ocequeda , Milton, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and L. Charlene Matthews and Wesley Heidt , Assistant Attorney Generals, Daytona Beach, for Appellee.


PER CURIAM.

The trial court struck Appellant's facially sufficient motion for postconviction relief "because Defendant failed to assert which portions of the court record support his claims." This was erroneous and an impermissible shifting of the burden from the court to refute the claims with record attachments.

A defendant need not cite specific portions of the record to support his claim; rather, the burden is on the court to cite those portions of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases