CIRO MIGUEL PEREIRA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2004-01-21
No. 3D03-1400
Before COPE, LEVY and SHEVIN, JJ.
863 So. 2d 487 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 3 cases
Opinion of the Court
SHEVIN, Judge.

SHEVIN, Judge.

We reverse the order denying defendant’s motion for post conviction relief, and remand this matter to the trial court for an evidentiary hearing on grounds of ineffective assistance of trial counsel raised in defendant’s motion. See McLin v. State, 827 So. 2d 948 (Fla.2002) (where no evidentiary hearing held on ineffective assistance of counsel appellate court must accept defendant’s factual allegations to the extent they are not refuted by the record). We affirm the trial court’s order as to the remaining issues raised.

Affirmed in part, reversed in part, and remanded for an evidentiary hearing.

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Cited By

  • Buchman v. Canard, 926 So. 2d 390 (Fla. 3d DCA 2005)
    …n March 24, 2003. Even if the arbitration award confers Canard her interest in the wrongfully transferred property AND an interest in Buchman’s house, this Court affirmed that arbitration award in its January 21, 2004 mandate. See Buchman v. Canard, 863 So. 2d 487 (Fla. 3d DCA 2004). Apparently the double-dipping issue was never raised in the first appeal, which is when Buchman should have raised it. Consequently, he cannot raise this issue now because it is law of the case, pursuant to this Court’s mandate.…
    1 / 3
  • Burt v. Buchman, 943 So. 2d 208 (Fla. 3d DCA 2006)
    …us reverse the trial court’s grant of Brenda Buchman’s motion to intervene and remand with instructions to deny her intervention motion. Reversed. . This court affirmed the arbitration award (with an exception irrelevant here). Buch-man v. Canard, 863 So. 2d 487 (Fla. 3d DCA 2004).…

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