EDWARD BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-09-25
No. 4D01-4143
FARMER, SHAHOOD and TAYLOR, JJ., concur.
826 So. 2d 524 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 3 cases
Topics
Postconviction Relief Ineffective Assistance Of Counsel

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Edward Baker timely challenges the trial court’s denial of his rule 3.850(a) motion for postconviction relief. Baker raised five issues in his motion. Two issues were summarily denied, and three were resolved following an evidentiary hearing.

Baker’s claim that counsel failed to obtain a fingerprint analysis is legally sufficient. Baker claims that such investigation would have revealed that his fingerprints were not present at the scene before or during the time of the crime.

We reverse and remand for an evidentiary hearing with respect to this issue. The trial court properly denied Baker’s remaining claims.

FARMER, SHAHOOD and TAYLOR, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Demeshio Ward v. State, 861 So. 2d 107 (Fla. 1st DCA 2003)
    …r Gaskin v. State, 737 So. 2d 509 (Fla.1999), and is not precluded by the appellant’s acquiescence in counsel’s actions at trial. See Evans v. State, 737 So. 2d 1167 (Fla. 2d DCA 1999). The claim is legally sufficient as indicated in Baker v. State, 826 So. 2d 524 (Fla. 4th DCA 2002), and should not have been denied without proper record attachments or an evidentiary hearing. The appealed order is therefore reversed as to the denial of this claim, and affirmed as to the denial of the remaining claims. BARFI…
  • Jeandis Estime v. State, 904 So. 2d 634 (Fla. 4th DCA 2005)
    …oe, 747 So. 2d 931, 934 (Fla.1999). Accordingly, this case is remanded for an evidentiary hearing on appellant’s claims that: (1) counsel was retained to file a sufficient 3.850 motion when this court affirmed without prejudice in Estime v. State, 826 So. 2d 524 (Fla. 4th DCA 2002), but counsel failed to file the motion before appellant was deported; and (2) newly discovered evidence that someone other than appellant may have been arrested for an offense to which appellant pled was unknown and could not hav…
  • Cowan v. State, 250 So. 3d 870 (Fla. 5th DCA 2018)

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