Legal Opinion

BENITEZ-SALDANA v. State

District Court of Appeal of Florida

Decided June 22, 2011No. 2D09-5408PublishedCited by 4 opinions

1Opinion of the Court

SILBERMAN, Judge.

Manuel A. Benitez-Saldana seeks review of his judgment and sentence for robbery and burglary with assault or battery. Benitez-Saldana argues that trial counsel provided ineffective assistance by making factual concessions that essentially admitted his guilt on both charges. Benitez-Saldana also argues that the trial court abused its discretion by admitting a recording of a call Benitez-Saldana made to his mother from jail. We agree that trial counsel’s factual concessions constituted ineffective assistance of counsel and reverse on this basis.

The charges in this case arose…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Florida v. NixonSupreme Court of the United States · 2004
  3. Kansas v. MarshSupreme Court of the United States · 2006
  4. Brown v. StateSupreme Court of Florida · 1998
  5. McCloud v. StateSupreme Court of Florida · 1976

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3Cited by4 opinions

  1. Stokeling v. United StatesSupreme Court of the United States · 2019
  2. United States v. David GeozosCourt of Appeals for the Ninth Circuit · 2017
  3. United States v. Michael LeeCourt of Appeals for the Eleventh Circuit · 2018
  4. United States v. Michael LeeCourt of Appeals for the Eleventh Circuit · 2018

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