JUAN CINTRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that one claim of ineffective assistance of counsel was facially sufficient and required further consideration by the trial court.
Juan Cintron appealed the summary denial of his motion for postconviction relief, alleging ineffective assistance of counsel for failing to suppress a…
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PER CURIAM.
Juan Cintron appeals the summary denial of his motion for postconviction relief. The trial court found that all of Cintron’s numerous contentions were facially insufficient. With one exception, we agree with that conclusion.
Cintron alleged that his trial counsel was ineffective for failing to move to suppress a confession given by Cintron in the absence of any notification of his right to have counsel present. If true, this could constitute ineffective assistance of counsel. See, e.g., Brown v. State, 409 So. 2d 129 (Fla. 5th DCA 1982).
Accordingly, we remand this case to the trial court for further consideration of this one issue. The trial court should either conduct a hearing on Cintron’s claim of ineffective counsel, or support its denial of the motion by attaching sufficient portions of the record to demonstrate that Cintron is not entitled to the relief he seeks. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain further appellate review.
Reversed and remanded.
SCHEB, A.C.J., and CAMPBELL and SANDERLIN, JJ., concur.
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Cintron v. State, 508 So. 2d 1315 (Fla. 2d DCA 1987)…for failing to move to suppress Cintron’s confession, which had been made without adequate Miranda warnings.1 The trial court denied Cintron’s motion as legally insufficient. We remanded for further consideration of this one issue. Cintron v. State, 495 So. 2d 248 (Fla. 2d DCA 1986). After remand the trial court again denied the motion, this time attaching what appeared to be a rights waiver form. Because the material relied upon was dehors the official record we reversed a second time. Cintron v. State, 504…
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Cintron v. State, 504 So. 2d 795 (Fla. 2d DCA 1987)…[*796] PER CURIAM. Juan Cintron appeals from the summary denial of a motion for postconviction relief. In Cintron v. State, 495 So. 2d 248 (Fla. 2d DCA 1986), this court considered the sufficiency of Cintron’s motion in its entirety and found possible merit in only one of the several points raised. Cintron alleged that his trial counsel was ineffective for failing to move to suppress h…
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Fortner v. State, 538 So. 2d 85 (Fla. 2d DCA 1989)…bed. Finally, Fortner claims that counsel was apprised of these facts but nevertheless failed to move the suppression of the incriminating evidence. If these allegations are true, this could have constituted ineffective assistance. Cintron v. State, 495 So. 2d 248 (Fla. 2d DCA 1986). The trial court’s order and accompanying exhibits do not conclusively refute this claim. They demonstrate only that Fort-ner’s cooperation with police was cited by counsel in mitigation, after counsel had negotiated a no contes…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 409 So. 2d 129 (Fla. 5th DCA 1982)