JOSEPH DEVITTO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Montgomery v. State, 615 So. 2d 226 (Fla. 5th DCA 1993)
  …y hearing is held, the allegations of a defendant’s motion for post-conviction relief must be accepted as true, except to the extent that they are conclusively rebutted by the record. See Harich v. State, 484 So. 2d 1239 (Fla.1986); Debose v. State, 580 So. 2d 638 (Fla. 5th DCA 1991). In this case, the trial judge did not inquire into Montgomery’s understanding of the plea, and instead relied on the fact that the defendant stated on the record that he had read and understood the terms of the written plea agre…
• Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)
  …refute Oehling’s ineffective assistance of counsel argument, or hold an evidentiary hearing to resolve any factual issues. Waters v. State, 612 So. 2d 685 (Fla. 5th DCA 1993); Montgomery v. State, 615 So. 2d 226 (Fla. 5th DCA 1993); Debose v. State, 580 So. 2d 638 (Fla. 5th DCA 1991). We have held in the past that the state cannot cure the trial court’s oversight by designating portions of the record to refute a defendant’s allegations. Smothers v. State, 555 So. 2d 452 (Fla. 5th DCA 1990). See also McCray v.…
• Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)
  …although the issue could have been litigated on plenary appeal, a sentence that exceeds the maximum allowed by statute constitutes fundamental error which can be raised at any time, citing Reynolds v. State. To the same effect, see Debose v. State, 580 So. 2d 638 (Fla. 5th DCA 1991) and Yates v. State, 509 So. 2d 1249 (Fla. 5th DCA 1987). All persons in prison under a sentence for the commission of a crime are there because the judicial system declared they did not follow and obey the law but, to the contra…

Authorities Cited

• Johnson v. State, 536 So. 2d 1009 (Fla. 1988)