JOSE ANTONIO CRUZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOSE ANTONIO CRUZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
794 So. 2d 725
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
After the evidentiary hearing required by Cruz v. State, 760 So. 2d 1095 (Fla. 3d DCA 2000), on “the issue of defense counsel’s alleged ineffectiveness in failing to investigate and produce medical testimony concerning the extent of the victim’s injuries,” Cruz, 760 So. 2d at 1095, the trial court found that counsel had not been ineffective. Cruz again appeals but we find no error in this ruling. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Johnson v. State, 769 So. 2d 990 (Fla.2000); Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991).
Affirmed.
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Citator
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Johnson v. State, 14 So. 3d 1282 (Fla. 2d DCA 2009)…ion for severance, even if the offenses were not improperly joined, if appropriate to promote a fair determination of guilt or innocence. The defense could have filed a motion to sever the driving on a suspended license counts. See State v. Wittman, 794 So. 2d 725 (Fla. 3d DCA 2001) (noting that driving on a suspended license charge was severed from DUI charges). Thus, because this claim is not refuted by the postconviction court’s order, we reverse and remand for further consideration. In Ground Four, Johns…
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Dep't of Hwy. Safety & Motor Vehicles v. Critchfield, 805 So. 2d 1034 (Fla. 5th DCA 2002)…ted therewith, and the subject shall be briefly expressed in the title. This single subject requirement is not designed to deter or impede legislation by requiring laws to be unnecessarily restrictive in their scope and operation. State v. Wittman, 794 So. 2d 725 (Fla. 3d DCA 2001). Rather, the requirement primarily is intended to prevent hodge-podge or logrolling legislation, i.e., putting two unrelat [*1037] ed matters in one act. Smith v. City of St. Petersburg, 302 So. 2d 756 (Fla.1974). In Wittman the…
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Agency for Persons with Disabilities v. Angel Heart Support Servs., Inc. (Fla. 3d DCA 2024)…regarding the validity of § 409.907(2), which requires that the Agreement contain the termination clause. APD timely appealed. II. ANALYSIS The issue before us is controlled by a statute, which is presumed to be valid. See, e.g., State v. Wittman, 794 So. 2d 725, 727 (Fla. 3d DCA 2001) (“Legislative enactments are presumptively valid.”). Because this is a legal issue, our standard of review is de novo. See Telemundo Media, LLC v. Mintz, 194 So. 3d 434, 435 (Fla. 3d DCA 2016) (“The abuse of discretion stan…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Johnson v. State, 769 So. 2d 990 (Fla. 2000)
- Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991)
- Cruz v. State, 760 So. 2d 1095 (Fla. 3d DCA 2000)