NELSON R. RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
NELSON R. RODRIGUEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
11 So. 3d 459
Florida District Court of Appeal, Third District (2009)
Positive Treatment
Cited by 1 case
Opinion of the Court
Nelson R. Rodriguez appeals his convictions for one count of sexual battery on a child under the age of twelve and one count of sexual activity with a child by a person in familial or custodial authority. The appellant requests that we find trial counsel to have been ineffective for failing to object to the introduction of certain collateral crimes evidence, and failing to move for a mistrial. We decline to entertain these claims on direct appeal. See Smith v. State, 998 So.2d 516, 522-23 (Fla.2008); Antunes-Salgado v. State, 987 So.2d 222, 224-25 (Fla. 2d DCA 2008).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dean v. State, 230 So. 3d 420 (Fla. 2017)…record of each case when sentencing a defendant as an HFO and PRR.”), rev. denied, 993 So. 2d 511 (Fla. 2008). On remand, the State may present evidence to prove that Dean meets the statutory requirements to be sentenced as a PRR. See Ward v. State, 11 So. 3d 459, 459 (Fla. 3d DCA 2009); see also State v. Collins, 985 So. 2d 985, 990 (Fla. 2008) (“[B]ecause a resentencing is a new proceeding, the State may present additional evidence on remand to prove the defendant qualifies for habitual felony offender sen…
Authorities Cited
- Smith v. State, 998 So. 2d 516 (Fla. 2008)
- Antunes-Salgado v. State, 987 So. 2d 222 (Fla. 2d DCA 2008)