CARLOS VILLAVICENCIO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Speedy Trial Right cases and more on FLexlaw
PER CURIAM.
On review of the denial of the appellant’s application for 3.850 relief from his judgment and sentence, we have concluded that the record is insufficient to support the rejection of the claim that, under the circumstances, his counsel was constitutionally deficient in failing timely to press for his discharge on speedy trial grounds. See Genden v. Fuller, 648 So. 2d 1183 (Fla.1994); State v. Agee, 622 So. 2d 473 (Fla.1993); Zabrani v. Cowart, 506 So. 2d 1035 (Fla.1987), overruled, State v. Agee, 622 So. 2d 473 (Fla.1993); Bloom v. McKnight, 502 So. 2d 422 (Fla.1987), overruled, State v. Agee, 622 So. 2d 473 (Fla.1993); State v. Dorian, 619 So. 2d 311 (Fla. 3d DCA 1993), quashed, 642 So. 2d 1359 (Fla.1994); Williams v. Shapiro, 575 So. 2d 1368 (Fla. 3d DCA 1991).
See generally Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Bottoson v. Singletary, 685 So. 2d 1302 (Fla.1997); Cox v. State, 407 So. 2d 633 (Fla. 3d DCA 1981), review denied, 415 So. 2d 1359 (Fla.1982); Blatch v. State, 389 So. 2d 669, 672-73 (Fla. 3d DCA 1980).
The cause is remanded for determination of this issue after a frill evidentiary hearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Villavicencio v. State, 719 So. 2d 322 (Fla. 3d DCA 1998)…1993, and he was convicted. By motion for postconviction relief, he argued that his original trial counsel was ineffective for failing to move for discharge based on Agee. The trial court conducted an evidentiary hearing, see Villavicencio v. State, 686 So. 2d 785 (Fla. 3d DCA 1997), after which it denied the motion. Defendant has appealed. II. In order to obtain postconviction relief based on ineffective assistance of counsel, “the defendant must show that counsel’s representation fell below an objective s…
-
Rodriguez v. State, 826 So. 2d 494 (Fla. 4th DCA 2002)…77,1082 (Fla. 4th DCA 1999)(quot-ing Melbourne v. State, 679 So. 2d 759, 764-65 (Fla.1996)). Because we find no clear error in the trial court’s ruling on the state’s peremptory challenge of prospective juror Cook, we affirm. See Hernandez v. State, 686 So. 2d 785, 736 (Fla. 2d DCA 1997)(noting that if the proponent of the strike presents “a genuine reason why [that] party would fear that a particular juror’s occupation would influence the juror’s reasoning and cause the juror to view the case unfavorably fro…
Authorities Cited (11 total)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- State v. Agee, 622 So. 2d 473 (Fla. 1993)
- Genden v. Fuller, 648 So. 2d 1183 (Fla. 1994)
- Blatch v. State, 389 So. 2d 669 (Fla. 3d DCA 1980)
- Bloom v. McKNIGHT, 502 So. 2d 422 (Fla. 1987)
- Iqbal Zabrani v. Cowart, 506 So. 2d 1035 (Fla. 1987)
- State v. Dorian, 619 So. 2d 311 (Fla. 3d DCA 1993)
- Dorian v. State, 642 So. 2d 1359 (Fla. 1994)
- COX v. State, 407 So. 2d 633 (Fla. 3d DCA 1981)
- Williams v. The Honorable Sidney B. Shapiro, 575 So. 2d 1368 (Fla. 3d DCA 1991)