Legal Opinion

Cardenas v. State

District Court of Appeal of Florida

Decided October 10, 2008No. 1D08-1183PublishedCited by 2 opinions

1Per curiam

The appellant challenges an order by which the trial court summarily denied each of the claims raised in the appellant’s Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. Because the appellant raises several colorable claims of ineffective assistance of counsel which were not refuted by the attachments to the order, we affirm in part, reverse in part, and remand.

The appellant was convicted after a jury trial of two counts of boating under the influence (BUI) manslaughter and one count of operating a vessel under the influence, and was sentenced to a total of 15 years’…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Breedlove v. StateSupreme Court of Florida · 1991
  3. Weiand v. StateSupreme Court of Florida · 1999
  4. Tidwell v. StateDistrict Court of Appeal of Florida · 2003
  5. Perry v. StateDistrict Court of Appeal of Florida · 2001

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3Cited by2 opinions

  1. Cardenas v. StateDistrict Court of Appeal of Florida · 2010
  2. VANAUKEN v. StateDistrict Court of Appeal of Florida · 2010

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