5D05-4243 Hugo Barros v. StateA

State: Florida

Court: Florida Southern District Court

Docket No: 5D05-4243.op

Case Date: 05/08/2006

Plaintiff: 5D05-4243 Hugo Barros

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

HUGO QUENTAL BARROS , Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 12, 2006 3.850 Appeal from the Circuit Court for Orange County, John M. Kest, Judge. Hugo Q. Barros, Wewahitchka, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D05-4243

PER CURIAM. Hugo Q. Barros appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. As to grounds two and three, we affirm without further comment. As to ground one, we reverse for a hearing as the allegations, if true, would demonstrate that counsel "entirely fail[ed] to subject the prosecution's case to meaningful adversarial testing," resulting in the presumption of

prejudice. U.S. v. Cronic, 466 U.S. 648, 659 (1984); Dillbeck v. State , 882 So. 2d 969 (Fla. 2004). AFFIRMED IN PART, REVERSED IN PART.

SAWAYA , PALMER and ORFINGER, JJ., concur.

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