MARTINEZ v. STATE

No. 1D12-5066.

123 So.3d 701 (2013)

Justin A. MARTINEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

October 28, 2013.


Attorney(s) appearing for the Case

Joseph P. Klock, Jr. and Hilton Napoleon, II of Rasco, Klock, Perez, Nieto, Coral Gables, for Petitioner.

Pamela Jo Bondi , Attorney General, and Giselle D. Lylen , Assistant Attorney General, Tallahassee, for Respondent.


BENTON, J.

Justin A. Martinez petitions for writ of habeas corpus, contending that he received ineffective assistance of counsel on direct appeal of his sentence for attempted second-degree murder. During his sentencing hearing, he maintains, the trial court relied on purported facts not proven (or even at issue at trial — and not established otherwise), thereby denying him due process. Petitioner contends that this amounted to fundamental error, and that appellate...

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