MARCARIO v. STATE

No. 2D19-4743.

325 So.3d 1019 (2021)

Joseph Gennaro MARCARIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 13, 2021.


Attorney(s) appearing for the Case

Andrea Flynn Mogensen , Sarasota, for Appellant.

Ashley Moody , Attorney General, Tallahassee, and Michael S. Roscoe , Assistant Attorney General, Tampa, for Appellee.


Joseph Marcario was convicted of attempted robbery with a firearm. But it is apparent from the face of the record that Marcario had a meritorious statute of limitations defense and that his trial counsel rendered ineffective assistance by failing to assert it. We reverse the conviction.

In 2003, the State charged Marcario...

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