Legal Opinion

Capers v. State

District Court of Appeal of Florida

Decided November 24, 2010No. 3D09-782Published

1Per curiam

Autavious M. Capers appeals an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. In Caper’s 8.850 motion, he set forth two grounds for relief. First, he asserted that his trial counsel was ineffective for failing to interview alibi witnesses. In our previous opinion regarding this matter, we agreed with the State that this claim is refuted by the record because Capers admitted his participation in the crimes during the plea colloquy and gave a proffer regarding his involvement in the crimes. As such, the trial court correctly summarily denied this claim. See Van…

2Cases cited3 opinions

  1. State v. TrowellSupreme Court of Florida · 1999
  2. Walker v. StateDistrict Court of Appeal of Florida · 1999
  3. VAN LEER v. StateDistrict Court of Appeal of Florida · 2008

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