Rivero v. State

For the reasons set forth below, I would reverse the summary denial of Rivero’s Florida Rule of Criminal Procedure 3.850 motion for further proceedings.

In 1999, Rivero was convicted of second-degree murder with a firearm and was sentenced to thirty-four years in state prison. On June 28, 2000, we affirmed Rivero’s conviction and sentence. Rivero v. State, 763 So.2d 336 (Fla. 3d DCA 2000). Our mandate issued on July 18, 2000. In October 2002, Rivero filed a Rule 3.850 motion, alleging his trial counsel was ineffective by failing to adequately develop his defenses and failing to present a…