Legal Opinion

Garcia v. State

District Court of Appeal of Florida

Decided July 1, 2009No. 3D04-1326PublishedCited by 7 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

GERSTEN, J.

On consideration of the State’s motion for rehearing, rehearing en banc, certified conflict, and/or certified question, the Court grants the motion for rehearing, *31withdraws its previous opinion, and substitutes the following opinion:

Hernando Garcia (“the defendant”) appeals an order denying a motion for post-conviction relief under Florida Rule of Criminal Procedure 8.850. We affirm.

The State charged the defendant and a codefendant with armed robbery. The State contended that the defendant drove the codefendant to a residence where a group of people were…

2Cases cited4 opinions

  1. Jones v. StateSupreme Court of Florida · 2003
  2. Hannon v. StateSupreme Court of Florida · 2006
  3. Morgan v. StateSupreme Court of Florida · 2008
  4. Johnson v. StateDistrict Court of Appeal of Florida · 2006

3Cited by7 opinions

  1. Simon v. StateDistrict Court of Appeal of Florida · 2010
  2. Sophia L. Lamb v. StateDistrict Court of Appeal of Florida · 2016
  3. Millan v. StateDistrict Court of Appeal of Florida · 2011
  4. Allen v. StateDistrict Court of Appeal of Florida · 2011
  5. Edward Elwood Masterson v. Secretary, Florida Department of Corrections, et al.District Court, M.D. Florida · 2025

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