Legal Opinion

Rivera v. State

District Court of Appeal of Florida

Decided January 23, 2009No. 2D08-974PublishedCited by 2 opinions

1Opinion of the Court

WALLACE, Judge.

Nelson Rivera challenges the final order that denied his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. In his postconviction motion, Mr. Rivera asserted two claims for relief based on ineffective assistance of counsel. The postconviction court summarily denied both claims. We affirm without comment the postconviction court’s denial of claim one, but we reverse the postconviction court’s denial of claim two and remand for further proceedings.

Mr. Rivera pleaded nolo contendere to unlawful sexual activity with a minor, a violation of section…

2Cases cited3 opinions

  1. State v. RifeSupreme Court of Florida · 2001
  2. Calzada v. StateDistrict Court of Appeal of Florida · 2006
  3. Chandler v. StateDistrict Court of Appeal of Florida · 2003

3Cited by2 opinions

  1. Caballero v. StateDistrict Court of Appeal of Florida · 2014
  2. Pressey v. StateDistrict Court of Appeal of Florida · 2009

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