Perez-Riva v. State

LaROSE, Judge.

Eduardo Perez-Riva appeals an order summarily denying his rule 3.850 motion for postconviction relief. Mr. Perez-Riva is serving a 76.4-month prison sentence after a jury convicted him of various drug-related offenses. We affirmed his judgments and sentences on direct appeal. Perez-Riva v. State, 98 So.3d 577 (Fla. 2d DCA 2012) (table decision).

The postconviction court erred in denying Mr. Perez-Riva’s ineffective assistance of counsel claims as to counsel’s failure to challenge the validity of a search warrant and to move to suppress evidence. We also find error in the…