Legal Opinion

Batista-Irizarry v. State

District Court of Appeal of Florida

Decided March 8, 2019No. Case No. 5D18-2911PublishedCited by 6 opinions

1Opinion of the CourtHarris, J.

Appellant, Jesus M. Batista-Irizarry, appeals an order summarily denying his pro se motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant raised six claims for postconviction relief, including a cumulative error claim. We affirm without further comment the summary denial of claims 1, 2, and 5, but for the reasons set forth below, we reverse the summary denial of claims 3 sub-claim 1, 4, and 6 and remand for further proceedings.

Following a jury trial, Appellant was convicted of trafficking in 28 grams or more of cocaine and possession of drug…

2Cases cited10 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Alcorn v. StateSupreme Court of Florida · 2013
  3. Kennedy v. StateSupreme Court of Florida · 1989
  4. Franqui v. StateSupreme Court of Florida · 2011
  5. Kimbrough v. StateSupreme Court of Florida · 2004

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3Cited by6 opinions

  1. Carver v. State of FloridaDistrict Court of Appeal of Florida · 2024
  2. Christian Gabriel Reyes Rios v. State of FloridaDistrict Court of Appeal of Florida · 2025
  3. Christian J. Villalba-Santos v. State of FloridaDistrict Court of Appeal of Florida · 2024
  4. Helvey v. StateDistrict Court of Appeal of Florida · 2019
  5. Helvey v. StateDistrict Court of Appeal of Florida · 2019

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