From Casetext: Smarter Legal Research

State v. Lopez

District Court of Appeal of Florida, Third District
May 9, 2001
785 So. 2d 667 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-2552.

Opinion filed May 9, 2001.

An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 83-6762. Peter R. Lopez, Judge.

Affirmed.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellant.

Alvarez Garcia-Montes and Gustavo J. Garcia-Montes, for appellee.

Before Schwartz, C.J., and Jorgenson and Shevin, JJ.


We affirm the trial court's order granting defendant's Florida Rule of Criminal Procedure 3.850 motion. The trial court did not abuse its discretion in finding that defendant did not lack due diligence in bringing his claim and that there was not inordinate prejudice to the state. See State v. Perry, Case No. SC00-495 (Fla. April 19, 2001), and cases cited therein. Contrary to the state's assertion the transcript of the evidentiary hearing demonstrates that the trial court properly addressed the laches issue and properly found that Gregersen v. State, 714 So.2d 1195 (Fla. 4th DCA 1998), affirming, 758 So.2d 106 (Fla. 2000) is factually distinguishable.

Affirmed.


Summaries of

State v. Lopez

District Court of Appeal of Florida, Third District
May 9, 2001
785 So. 2d 667 (Fla. Dist. Ct. App. 2001)
Case details for

State v. Lopez

Case Details

Full title:THE STATE OF FLORIDA, Appellant, v. TOMAS ANTONIO LOPEZ, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 9, 2001

Citations

785 So. 2d 667 (Fla. Dist. Ct. App. 2001)