Legal Opinion

Barrios-Cruz v. State

District Court of Appeal of Florida

Decided June 10, 2011No. 2D10-4774PublishedCited by 68 opinions

1Opinion of the Court

WHATLEY, Judge.

Edilberto Barrios-Cruz appeals the summary denial of two motions for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied Barrios-Cruz’s motions as untimely. For the reasons expressed below, we affirm.

I. Background

On January 27, 2004, Barrios-Cruz pleaded guilty to discharging a firearm in public, an offense for which he received one year of probation. On May 2, 2006, Barrios-Cruz pleaded guilty to possession of drug paraphernalia and to maintaining a structure for using, keeping, or selling drugs, offenses for which…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Padilla v. KentuckySupreme Court of the United States · 2010

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3Cited by68 opinions

  1. Hernandez v. StateSupreme Court of Florida · 2012
  2. Geter v. StateDistrict Court of Appeal of Florida · 2012
  3. Davis v. StateDistrict Court of Appeal of Florida · 2011
  4. Denisyuk v. StateCourt of Appeals of Maryland · 2011
  5. Toye v. StateDistrict Court of Appeal of Florida · 2014

63 more not listed; retrieve them via the Exa API.

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