Legal Opinion

Hernandez-Alberto v. State

Supreme Court of Florida

Decided July 3, 2013No. Nos. SC10-2471, SC11-1608PublishedCited by 7 opinions

1Per curiam

Pedro Hernandez-Alberto appeals an order of the circuit court dismissing his motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained below, we affirm the trial court’s order and deny the petition for a writ of habeas corpus.

FACTUAL AND PROCEDURAL HISTORY

Hernandez-Alberto, a citizen of Mexico who was legally residing in Florida, was convicted for the January 3, 1999, murders of his stepdaughters Donna Berezovsky and Isela…

2Cases cited28 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Ring v. ArizonaSupreme Court of the United States · 2002
  3. Dusky v. United StatesSupreme Court of the United States · 1960
  4. Drope v. MissouriSupreme Court of the United States · 1975
  5. Indiana v. EdwardsSupreme Court of the United States · 2008

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3Cited by7 opinions

  1. & SC16-341 Renaldo Devon McGirth v. State of Florida & Renaldo & Devon McGirth v. Julie L. Jones, etc.Supreme Court of Florida · 2017
  2. Hernandez-Alberto v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
  3. & SC16-341 Renaldo Devon McGirth v. State of Florida & Renaldo & Devon McGirth v. Julie L. Jones, etc.Supreme Court of Florida · 2017
  4. Mariah C. StateDistrict Court of Appeal of Florida · 2017
  5. Martinez v. Secretary, Florida Department of Corrections (Duval County)District Court, M.D. Florida · 2021

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