5D09-2942 Jose Pereira v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-2942

Case Date: 03/08/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

JOSE PEREIRA, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 12, 2010 3.850 Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge. Jose L. Pereira, Malone, pro se. Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D09-2942

PALMER, J. Jose Pereira (defendant) appeals the trial court's order summarily denying his motion for postconviction relief filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. Determining that the defendant was entitled to receive an evidentiary hearing on his motion, we reverse. The defendant was charged with one count of strong arm robbery.1 The specification of that charge alleged that he [d]id unlawfully take from the person or custody of KIMBERYLY K. MOWRY, certain property of value, to-wit: United States Currency
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