Rodriguez v. State

Full title: ROGELIO RODRIGUEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 26, 1997

688 So. 2d 425 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-2899

Opinion filed February 26, 1997.

An appeal from the Circuit Court for Dade County, Leslie B. Rothenberg, Judge.

LOWER TRIBUNAL NO. 91-23501

Bennett H. Brummer, Public Defender, and Louis Campbell, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and SHEVIN, JJ.

PER CURIAM.

This is an appeal after remand for an evidentiary hearing on appellant's motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Rodriguez v. State, 645 So.2d 1124 (Fla. 3d DCA 1994). The trial court's factual findings are supported by the record, and it was within the province of the trial court to make credibility determinations.

Affirmed.