BARBARO HERIBERTO MESA-RODRIGUEZ
v.
STATE OF FLORIDA
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A Rule 3.850 motion alleging ineffective assistance of counsel for failing to impeach a victim must be remanded for amendment when insufficiently pleaded but not conclusively refuted by the record.
[1] A postconviction motion alleging ineffective assistance of counsel that is insufficiently pleaded but not conclusively refuted by the record must be remanded to allow the…
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Join FLexlaw to unlock all legal intelligence“provide any elaboration or detail on what the victim could have been impeached on or which prior statements were inconsistent with her trial testimony”
The court's description of the deficiency in ground 8's pleading
Mesa-Rodriguez appealed the trial court's summary denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, which con…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-3616 Lower Tribunal No. 16-CF-000392 _____________________________
BARBARO HERIBERTO MESA-RODRIGUEZ, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County. Robert Branning, Judge.
October 10, 2025
GANNAM, J.
Barbaro Heriberto Mesa-Rodriguez appeals the trial court’s summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. His motion asserted nine grounds for relief based on ineffective assistance of trial counsel and one ground based on cumulative error. We agree with the trial court that ground 8 was insufficiently pleaded for failing to “provide any elaboration or detail on what the victim could have been impeached on or which prior statements were inconsistent with her trial testimony.” But we disagree that ground 8, as
Ana M. Davide, of Ana M. Davide, P.A., Coral Gables, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee.