COTTO v. STATE

No. 3D10-3418.

89 So.3d 1025 (2012)

Josue COTTO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 30, 2012.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Daniel Tibbitt , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Heidi Milan Caballero , Assistant Attorney General, for appellee.

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


ROTHENBERG, J.

Josue Cotto appeals from a denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part, reverse in part, and remand for an evidentiary hearing.

The facts are undisputed. On December 1, 2002, Cotto, for no discernable reason, approached a stranger, Eric Martinez, on a South Beach street, told him he had just been ripped off while attempting to buy cocaine, took out a gun, pointed...

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