FRANK BASSO AND DAVID BRAND, APPELLANTS,

v.

JOSEPH A. LUGO, JR., APPELLEE

Citator

Cited By (14 total)

• State v. Leroux, 689 So. 2d 235 (Fla. 1996)
  …rict courts have long recognized that a defendant may be entitled to withdraw a plea entered in reliance upon his attorney’s mistaken advice about sentencing. Two decisions from the Second District are particularly illustrative. In Trenary v. State, 453 So. 2d 1132 (Fla. 2d DCA 1984), relying expressly upon this Court’s prior holdings, the district court held: The law is well settled that if a defendant enters a plea in reasonable reliance on his attorney’s advice, which in turn was based on the attorney’s ho…
• Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
  …at where a defendant seeks to withdraw a plea due to the affirmative misadvice of counsel, the “issue would be best determined by the trial court after testimony from, but not limited to, defendant and his trial attorney”) (quoting Trenary v. State, 453 So. 2d 1132, 1134 (Fla. 2d DCA 1984)); see also Lawrence v. State, 969 So. 2d 294, 305-06 (Fla.2007) (affirming trial court’s denial of defendant’s claim that his guilty plea was involuntary because he was incompetent at the time of the plea where trial court r…
• RAY v. State, 480 So. 2d 228 (Fla. 2d DCA 1985)
  …a defendant’s sentence. A criminal defendant is entitled to reasonable reliance upon the representations of his counsel and, if he is misled by counsel as to the consequences of a plea, he should be permitted to withdraw that plea. Trenary v. State, 453 So. 2d 1132 (Fla. 2d DCA 1984). In the instant case we are unable to state as a matter of law that ineffectiveness of counsel did not occur if Ray’s allegations are true. We remand this case to the trial court with directions either to afford Ray a hearing on…

Authorities Cited

• Demetra DeMARIS v. Asti, 426 So. 2d 1153 (Fla. 3d DCA 1983)
• Lauderdale v. P. Tavilla Co., Inc., 329 So. 2d 363 (Fla. 3d DCA 1976)
• Tobias v. Englander, 329 So. 2d 363 (Fla. 3d DCA 1976)