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Date: 12-01-2020
Case Style:
ERNESTO HERRADA-CORDOVA, vs THE STATE OF FLORIDA
Case Number: 20-1184
Judge: Before EMAS, C.J., and GORDO and BOKOR, JJ. PER CURIAM
Court: Third District Court of Appeal State of Florida
Plaintiff's Attorney: Ashley Moody, Attorney General
Defendant's Attorney:
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Description:
Miami, Florida - Criminal defense lawyer represented defendant Ernesto Herrada-Cordova with appealing the trial court’s denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.
Ernesto Herrada-Cordova, the defendant below, appeals the trial court’s
denial of his motion for postconviction relief under Florida Rule of Criminal
Procedure 3.850. The order entered by the trial court denying such relief examines
the legal standard and factual predicate, citing to the trial transcript, affidavits, and
other court records, including the appellant’s confession presented to the jury.
However, the summary record before us on appeal contains none of the documents
so referenced in the order. Accordingly, we are constrained to reverse the order of
denial and remand for an evidentiary hearing or for the attachment of record excerpts
conclusively showing that the appellant is not entitled to any relief. See Fla. R. App.
P. 9.141(b)(2)(D).
Outcome: Reversed and remanded for further proceedings consistent herewith
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