Legal Opinion
Cotto v. State
District Court of Appeal of Florida
Decided May 30, 2012No. 3D10-3418PublishedCited by 5 opinions
1Opinion of the CourtRothenberg, J.
Josué Cotto appeals from a denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part, reverse in part, and remand for an evidentiary hearing.
The facts are undisputed. On December 1, 2002, Cotto, for no discernable reason, approached a stranger, Eric Martinez, on a South Beach street, told him he had just been ripped off while attempting to buy cocaine, took out a gun, pointed it at Mr. Martinez’s stomach, and asked Mr. Martinez whether he wanted anyone killed. When Mr. Martinez said, “No,” Cotto put the gun in his pocket and…
2Cases cited11 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Hale v. StateSupreme Court of Florida · 1993
- Sochor v. StateSupreme Court of Florida · 2004
- Daniels v. StateSupreme Court of Florida · 1992
- Bolin v. StateSupreme Court of Florida · 2010
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Damion Hayes v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2021
- Josue Cotto v. State of FloridaSupreme Court of Florida · 2014
- Saldana v. StateDistrict Court of Appeal of Florida · 2014
- Knight v. StateDistrict Court of Appeal of Florida · 2015
- State v. Jean-GuillesDistrict Court of Appeal of Florida · 2014