PACHECO v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Julio Alonso PACHECO, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-818

Decided: February 07, 2020

James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

Julio Alonso Pacheco appeals an order denying his postconviction motion alleging six claims of ineffective assistance of counsel. He correctly asserts that the trial court abused its discretion by denying his request to appoint counsel to assist him in presenting Ground Two of his motion. See Havard v. State, 998 So. 2d 676, 677 (Fla. 4th DCA 2009) (reversing denial of postconviction counsel where defendant had fourth grade education, was confused and unable to articulate positions, and unable to comply with correct procedures, including subpoenaing of witnesses necessary to prove claims); Woodward v. State, 992 So. 2d 391, 393 (Fla. 1st DCA 2008) (reversing denial of counsel for postconviction claims where proof of claims would require introduction of medical records and expert testimony). We affirm, without discussion, the denial of Pacheco's other claims.

AFFIRMED, in part; REVERSED, in part; and REMANDED for proceedings consistent with this opinion.

PER CURIAM.

EVANDER, C.J., EISNAUGLE and SASSO, JJ., concur.

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