Legal Opinion

Rivera v. State

District Court of Appeal of Florida

Decided February 11, 2009No. 4D08-3827PublishedCited by 1 opinion

1Per curiam

Appellant, who was convicted of sexual battery, armed kidnapping, misdemeanor battery, and resisting an officer without violence, appeals the trial court’s summary denial of his rule 3.850 motion alleging seven grounds of error. We affirm the summary denial in all respects except as to his first claim that trial counsel was ineffective in misadvising him that if he testified at trial, the State could go into the specifics of his prior record on cross-examination. This is an incorrect statement of law. Questions concerning a defendant’s prior convictions are limited to whether the defendant…

2Cases cited2 opinions

  1. Brown v. StateDistrict Court of Appeal of Florida · 2001
  2. Hope v. StateDistrict Court of Appeal of Florida · 2007

3Cited by1 opinion

  1. Jimmy Jones v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012

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