From Casetext: Smarter Legal Research

Toro v. State

District Court of Appeal of Florida, Second District
Jan 8, 2003
833 So. 2d 876 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D00-4387.

Opinion filed January 8, 2003.

Appeal from the Circuit Court for Pinellas County; Philip J. Federico, Judge.

Danny Toro, pro se.

Charlie Crist, Attorney General, Tallahassee, and Michele Taylor, Assistant Attorney General, Tampa, for Appellee.


Danny Toro appeals the denial of his postconviction relief motion alleging ineffective assistance of trial counsel. We affirm the summary denial of five of the six claims presented in Toro's motion. The remaining claim was denied following an evidentiary hearing. Because counsel should have been appointed to represent Toro at the evidentiary hearing, we reverse the order denying the claim presented in ground three and remand for appointment of counsel and a new evidentiary hearing. See Lee v. State, 801 So.2d 1022 (Fla.2d DCA 2001).

Affirmed in part, reversed in part, and remanded with directions.

SALCINES and DAVIS, JJ., Concur.


Summaries of

Toro v. State

District Court of Appeal of Florida, Second District
Jan 8, 2003
833 So. 2d 876 (Fla. Dist. Ct. App. 2003)
Case details for

Toro v. State

Case Details

Full title:DANNY TORO, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 8, 2003

Citations

833 So. 2d 876 (Fla. Dist. Ct. App. 2003)

Citing Cases

Jackson v. State

Therefore, as in Williams and Lee, because there was doubt about the need for counsel, reversal and remand…