Legal Opinion

Contreras-Garcia v. State

District Court of Appeal of Florida

Decided August 22, 2012No. 2D11-5579Published

1Opinion of the Court

MORRIS, Judge.

Jose Contreras-Garcia appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Contreras-Garcia did not waive his right to raise all collateral claims, we reverse the postconviction court’s order and remand for further proceedings.

In 2010, Contreras-Garcia was charged with lewd molestation on a child under twelve by a person over eighteen. The amended information states that the offense is a violation of section 800.04, Florida Statutes, and is a life felony. The judgment indicates that he entered a guilty plea to the purported…

2Cases cited8 opinions

  1. Williams v. United StatesCourt of Appeals for the Eleventh Circuit · 2005
  2. State v. WilliamsSupreme Court of Florida · 2001
  3. Achin v. StateSupreme Court of Florida · 1982
  4. State v. NaveiraSupreme Court of Florida · 2004
  5. Jordan v. StateDistrict Court of Appeal of Florida · 2001

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