Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Michael BARBOZA, Appellant, v. James B. CROSBY, Jr., Secretary, Florida Department of Corrections, etc., Appellee.
Michael Barboza appeals the summary denial of a 3.850 motion for post conviction relief claiming ineffective assistance of counsel. Barboza alleges that counsel was ineffective for failing to present evidence of his purported voluntary intoxication during his prosecution for aggravated battery with a deadly weapon and burglary with an assault. We affirm because the record demonstrates that Barboza made a statement in which he admitted to law enforcement that he entered the victim's house with the intent to steal from him. This admission, introduced into evidence without objection at Barboza's trial, demonstrates that he had the specific intent to commit these two offenses. Thus, even if Barboza had advanced a voluntary intoxication defense, there is no reasonable probability that the outcome would have been different. See Locklear v. State, 847 So.2d 543, 544 (Fla. 2d DCA 2003).
Affirmed.
PER CURIAM.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 3D05-1648.
Decided: August 03, 2005
Court: District Court of Appeal of Florida,Third District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)