Cuevas — Fifth District affirmed in a Rule 3.850 appeal

Case
Rafael Cuevas v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Wallis; Edwards; Boatwright
Date Decided
November 3, 2026
Docket No.
5D2026-0029
Topics
Criminal Law, Rule 3.850, Postconviction Appeal
Source
Read the full opinion

Background

Rafael Cuevas appealed from the Circuit Court for Duval County in a proceeding identified by the Fifth District Court of Appeal as a Florida Rule of Criminal Procedure 3.850 appeal. Circuit Judge Jeb T. Branham presided below.

The appellate opinion does not describe Cuevas’s conviction, the claims raised in the Rule 3.850 proceeding, the circuit court’s reasoning, or the arguments presented on appeal.

The Court’s Holding

The Fifth District Court of Appeal affirmed. Its per curiam opinion contains no analysis or explanation of the grounds for affirmance.

Judges Wallis, Edwards, and Boatwright concurred. The opinion states that it is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Key Takeaways

  • The Fifth District affirmed in Cuevas’s Rule 3.850 appeal.
  • The court issued a per curiam affirmance without a written explanation.
  • The opinion does not identify the claims raised or disclose the basis for the court’s decision.

Why It Matters

The decision leaves the circuit court’s ruling in place but provides no substantive analysis for attorneys or lower courts to apply in other cases. Its significance is therefore limited to the disposition of Cuevas’s appeal.

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