Legal Opinion

Hernandez v. State

District Court of Appeal of Florida

Decided April 9, 2014No. 4D13-4030PublishedCited by 6 opinions

1Per curiam

Alfredo Hernandez seeks a second appeal, alleging that his appellate attorney was ineffective for failing to file a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentence before the initial appellate brief was filed. See Martinez v. State, 123 So.3d 701, 703 (Fla. 1st DCA 2013) (appellate counsel may be deemed ineffective for failing to file such a motion). He claims that counsel should have preserved for appellate review an error arising from the trial court’s failure to order preparation of a presentencing investigation report (“PSI”). See Albarracin v. State, 112 So.3d…

2Cases cited9 opinions

  1. Hargrave v. StateSupreme Court of Florida · 1978
  2. Thompson v. StateSupreme Court of Florida · 1976
  3. Martinez v. StateDistrict Court of Appeal of Florida · 2013
  4. Barber v. StateSupreme Court of Florida · 1974
  5. Albarracin v. StateDistrict Court of Appeal of Florida · 2013

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3Cited by6 opinions

  1. NICKOLAS WHITE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  2. Vidiek Rodriguez v. StateDistrict Court of Appeal of Florida · 2015
  3. JONATHAN LACUE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2021
  4. Roberts v. StateDistrict Court of Appeal of Florida · 2016
  5. Stephanie Susan Graham v. State of FloridaDistrict Court of Appeal of Florida · 2025

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

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