Legal Opinion
De La Hoz v. Crews
District Court of Appeal of Florida
Decided September 25, 2013No. 3D13-811PublishedCited by 6 opinions
1Opinion of the Court
ON PETITION FOR WRIT OF HABEAS CORPUS
SUAREZ, J.
Felipe De La Hoz petitions for a writ of habeas corpus to vacate his April, 2010, second-degree murder conviction and to remand for a new trial pursuant to the decision in Haygood v. State, 109 So.3d 735 (Fla.2013). We have jurisdiction. Fla. R.App. P. 9.030(b)(3). We grant the petition based solely on the particular procedural history of his appeal.
De La Hoz was charged with and convicted of second degree murder with a firearm. His appeal claimed fundamental error in two of the jury instructions on lesser included offenses given at his trial:…
2Cases cited14 opinions
- State v. MontgomerySupreme Court of Florida · 2010
- Haygood v. StateSupreme Court of Florida · 2013
- Mitchell v. MooreSupreme Court of Florida · 2001
- Salonko v. StateDistrict Court of Appeal of Florida · 2010
- Cubelo v. StateDistrict Court of Appeal of Florida · 2010
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3Cited by6 opinions
- Richard O. Rambaran v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
- Quinten Walden v. StateDistrict Court of Appeal of Florida · 2014
- Kerney v. StateDistrict Court of Appeal of Florida · 2017
- Salonko v. StateDistrict Court of Appeal of Florida · 2014
- Elsperman v. StateDistrict Court of Appeal of Florida · 2016
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