JOSE CUPON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
On this appeal from denial of a motion filed under Florida Rule of Criminal Procedure 3.850, Jose Cupón seeks to overturn his conviction for escape in violation of section 944.40, Florida Statutes (1997). He contends that his trial counsel was ineffective for failing to raise the objections which preserved the points on which his co-defendant’s conviction was reversed. See Villegas-Alen v. State, 25 Fla. L. Weekly D2636, — So. 2d -, 2000 WL 1675864 (Fla. 1st DCA Nov.9, 2000). Our examination of the record reveals that Mr. Cupon’s trial counsel lodged and sometimes joined in the same objections and motions that Mr. Villegas-Alen’s. counsel made, insofar as pertinent here. We find no error in the order under review, which concludes that Mr. Cupon’s trial counsel “did in fact preserve the issue for appellate review.” See Baber v. State, 776 So. 2d 309, 310-11 (Fla. 4th DCA 2000).
Affirmed.
WEBSTER, DAVIS, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cupon v. State, 789 So. 2d 1121 (Fla. 1st DCA 2001)…tion should be denied because this court affirmed the conviction in Cupon’s direct appeal on the theory that this issue was not properly preserved for appeal. A recent decision of this court has decided this question to the contrary. Cupon v. State, 783 So. 2d 1240 (Fla. 1st DCA 2001). Our examination of this court’s file in Cupon’s direct appeal reveals, however, that this precise issue was not argued as grounds for reversal. Instead, Cupon’s appellate counsel argued that the escape conviction should be rever…
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Cupon v. State, 833 So. 2d 302 (Fla. 1st DCA 2002)…ved the points on which Villegas-Alen’s escape conviction was reversed on appeal. The trial court denied post-conviction relief finding that trial counsel, in fact, did preserve the issue for appellate review. On review, we affirmed. Cupon v. State, 783 So. 2d 1240 (Fla. 1st DCA 2001))(Cupon II). Thereafter, Cupón petitioned for a writ of habeas corpus seeking relief on the authority of Raulerson v. State, 724 So. 2d 641 (Fla. 4th DCA 1999), in which the Fourth District held that, in the case of conflicting d…
Authorities Cited
- Curt Baber v. State, 776 So. 2d 309 (Fla. 4th DCA 2000)