Lopez v. State

Victor Lopez appeals the summary denial of his claim that he received ineffective assistance of counsel at trial which resulted in his conviction for first degree murder. The crux of Lopez’s claim raised in his Rule 3.850 motion under the Florida Rules of Criminal Procedure was that trial counsel failed to present evidence of Lopez’s disabling ankle injury that existed at the time of the crime and which often caused him to walk with a cane. Indeed, there was no mention of this disability during trial.

Lopez claims that he discussed his disability with his trial attorney, but the attorney…