Sandoval v. State
Sandoval appealed the denial of his 3.850 motion alleging ineffective assistance of counsel for failing to move to sever child pornography possession counts from separate molestation and sexual-performance-production counts involving different victims. The Fifth DCA held the postconviction court's record attachments did not conclusively refute the claim, reversing and remanding for an evidentiary hearing on that ground while affirming denial of the other six grounds.
Key facts
- Sandoval was convicted of child pornography possession counts and separate molestation and sexual-performance-production counts involving different victims.
- All evidence supporting the different charges was discovered during a single search of Sandoval's residence.
- +2 more key facts with a free trial
Why it matters
This decision reinforces and applies the established rule from Roark, Ghent, and Burnett that discovery of evidence for multiple charges in a single search or location does not automatically render offenses… — full analysis with a trial
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