Legal Opinion

Garcia v. State

District Court of Appeal of Florida

Decided July 20, 2005No. 3D04-2574PublishedCited by 2 opinions

1Opinion of the Court

WELLS, Judge.

Reinaldo Garcia appeals the summary denial of his rule 3.850 post-conviction motion alleging ineffective assistance of trial counsel. Because Garcia’s facially sufficient claim is neither conclusively refuted by the record, nor otherwise procedurally barred, we reverse and remand for an evidentiary hearing.

In August 1998, Garcia and two co-defendants were arrested and charged by the State with armed trafficking in more than 400 grams of cocaine, attempted trafficking in cocaine, conspiracy to traffic in cocaine and trafficking in cocaine. Garcia was released on bond pending trial…

2Cases cited5 opinions

  1. Jacobs v. StateSupreme Court of Florida · 2004
  2. Rensoli v. StateDistrict Court of Appeal of Florida · 1998
  3. Fisher v. StateDistrict Court of Appeal of Florida · 2002
  4. Lewis v. StateDistrict Court of Appeal of Florida · 2001
  5. Bowers v. StateDistrict Court of Appeal of Florida · 2003

3Cited by2 opinions

  1. Dobarganes v. StateDistrict Court of Appeal of Florida · 2018
  2. JOHNNIE GREEN, III v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023

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