Cardona v. State

Victor Cardona appeals an order denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

In this case, evidence of the value of the stolen goods was essential in determining the proper charge and penalty.1 The record before us does not conclusively refute appellant’s sworn claim that his counsel was ineffective for failing to establish the value in order to convince the finder of fact that the defendant was not subject to a charge of third degree grand theft, but, if anything, the lesser charge of petty theft. As a…