Legal Opinion

Cantu v. State

District Court of Appeal of Florida

Decided May 7, 2010No. 2D09-2800Published

1Opinion of the Court

CRENSHAW, Judge.

Jose Cantu appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the postconviction court erred in finding that the motion was to a large extent, proeedurally barred, we reverse and remand for further proceedings.

In 2001, law enforcement officers stopped Cantu after he traveled by bus from Texas to Florida. Their search revealed a package of cocaine strapped to his body. His attorney filed a motion to suppress in December 2002, alleging that Cantu was illegally searched. No hearing was ever held…

2Cases cited2 opinions

  1. Gatlin v. StateDistrict Court of Appeal of Florida · 2009
  2. Oosterink v. StateDistrict Court of Appeal of Florida · 2007

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