Legal Opinion
Perez v. State
District Court of Appeal of Florida
Decided July 31, 2013No. 3D11-3250PublishedCited by 3 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
SHEPHERD, C.J.
Upon consideration of the State’s motion for rehearing, we grant rehearing, withdraw the opinion issued November 21, 2012, and substitute the following in its stead:
Michael Perez appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion to withdraw a guilty plea. We reverse the trial court’s order, and remand for an evidentiary hearing to determine whether Perez is entitled to withdraw his plea due to manifest injustice.
On April 15, 1999, Jimmy Ramirez was shot to death while riding his bicycle on the street. Perez, a…
2Cases cited15 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- Bousley v. United StatesSupreme Court of the United States · 1998
- House v. BellSupreme Court of the United States · 2006
- Williams v. StateSupreme Court of Florida · 1975
- McLin v. StateSupreme Court of Florida · 2002
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3Cited by3 opinions
- Perez v. StateDistrict Court of Appeal of Florida · 2017
- Duncan v. StateDistrict Court of Appeal of Florida · 2017
- State of Florida v. Michael PerezSupreme Court of Florida · 2014