FONSECA v. STATE

No. 3D10-860.

66 So.3d 352 (2011)

Jose Joaquin FONSECA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 6, 2011.


Attorney(s) appearing for the Case

Jose Joaquin Fonseca , in proper person.

Pamela Jo Bondi , Attorney General, and Nicholas Merlin , Assistant Attorney General, for appellee.

Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge.


SHEPHERD, J.

The defendant, Jose Joaquin Fonseca, appeals a summary denial of his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, alleging ineffective assistance of counsel. Because the record before us does not conclusively show the defendant is entitled to no relief, we reverse and remand this case.

The crux of the defendant's allegations of ineffective assistance of counsel is that defense counsel failed to...

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