Cooper v. State
The First DCA reversed denial of a 3.850 ineffective-assistance claim where trial counsel failed to object to hearsay testimony that was the State's only evidence of the $1,000+ damage element required to elevate burglary to a first-degree felony. The court held counsel was deficient (counsel himself conceded he 'slipped' on the hearsay) and that Cooper was prejudiced because, absent the inadmissible testimony, the charge would have been reduced to simple burglary of a structure. The postconviction court's finding that the State could have cured the error by calling another witness was speculative and unsupported by competent substantial evidence.
Key facts
- Cooper was charged with burglary, with the State seeking to elevate it to first-degree felony burglary by proving damages exceeding $1,000, relying solely on hearsay testimony regarding the property damage amount.
- At trial, Cooper's counsel failed to object to the hearsay testimony estimating damages, and counsel later conceded he 'slipped' on making the objection.
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Why it matters
This decision reinforces that hearsay estimates of property damage are inadmissible to prove statutory damage thresholds in burglary and criminal mischief prosecutions, and that postconviction courts cannot deny IAC… — full analysis with a trial
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