Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
FifthAmendment HabeasCorpus
Whether the court of appeals improperly denied the Petitioner a certificate of appealability
QUESTION PRESENTED FOR REVIEW Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his federal habeas claims that (1) constitutional double jeopardy principles prohibit the Petitioner from being convicted/sentenced for both a section 847.0135(3)(a), Florida Statutes, violation and a section 847.0135(4)(a), Florida Statutes, violation and (2) in light of his mental illness, the Petitioner was not able to fully comprehend his guilty plea and therefore the plea was involuntary (or, alternatively, defense counsel rendered ineffective assistance of counsel by failing to properly evaluate and argue that the Petitioner was incompetent to enter a guilty plea). il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii