Legal Opinion

Donald R. Legrande v. State

District Court of Appeal of Florida

Decided December 9, 2016No. Case 5D16-1606PublishedCited by 2 opinions

1Per curiam

Donald R. LeGrande appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds One, Four, and Five. However, because the record does not conclusively refute LeGrande’s claim that counsel was ineffective for failing to file a motion for new trial and' failing to request a limiting jury instruction indicating that the “principals” instruction did not apply to conspiracy, we reverse the summary denial of Grounds Two and Three and remand for attachment of portions of the record conclusively refuting those…

2Cases cited2 opinions

  1. Freeman v. StateSupreme Court of Florida · 2000
  2. Maharaj v. StateSupreme Court of Florida · 1996

3Cited by2 opinions

  1. Jason Turem v. StateDistrict Court of Appeal of Florida · 2017
  2. Cody L. White v. StateDistrict Court of Appeal of Florida · 2017

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