ALFONSO JACKSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1994-07-26

No. 92-1852

Before COPE, LEVY and GODERICH, JJ.

639 So. 2d 1119 Florida District Court of Appeal, Third District (1994) Positive Treatment

Cited by 2 cases

Topics

Evidentiary Hearing Postconviction Relief

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Opinion of the Court

PER CURIAM.

Alfonso Jackson appeals an order denying post-conviction relief. The State concedes that defendant is entitled to an evidentiary hearing at which he will have an opportunity to show that his failure to return from furlough was excusable or justifiable such that his -violation of the furlough agreement was involuntary. See Rodriguez v. State, 600 So. 2d 46 (Fla. 3d DCA 1992); Walker v. State, 599 So. 2d 233, 234 (Fla. 3d DCA 1992); Walker v. State, 578 So. 2d 514, 515 (Fla. 3d DCA 1991). Absent defendant’s showing of a legally sufficient excuse for failure to return from furlough, the thirty-year sentence will stand. We reject defendant’s argument that the plea bargain itself was illegal. See Quarterman v. State, 527 So. 2d 1380 (Fla.1988).

Reversed and remanded for evidentiary hearing.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Holmes v. State, 646 So. 2d 260 (Fla. 3d DCA 1994)

…a. 3d DCA 1993). Therefore, defendant is entitled to an evidentiary hearing to establish that his failure to report following furlough was justifiable or excusable thus rendering his violation of the furlough agreement involuntary. Jackson v. State, 639 So. 2d 1119, 1120 (Fla. 3d DCA 1994). Accordingly, we reverse the order and remand the cause for further proceedings consistent with this opinion. Reversed and remanded.…
Pullen Bros. & Travelers v. Smith, 661 So. 2d 888 (Fla. 1st DCA 1995)

…spent on the case. The E/C is not responsible for payment for time spent by claimant’s counsel in establishing the amount of the fee. Crit-tenden Orange Blossom Fruit v. Stone, 514 So. 2d 351, 353 (Fla.1983); Hyatt Regency Grand Cypress v. Williams, 639 So. 2d 1119 (Fla. 1st DCA 1994). “Even if these additional hours were necessitated by the [E/C’s] resistance, so that the claimant’s attorney had to spend more time in proving the hours expended in obtaining the merits award, the fee predicate may not encompass…

Authorities Cited

THE Florida BAR v. Mullins, 527 So. 2d 1380 (Fla. 1988)
Walker v. State, 578 So. 2d 514 (Fla. 3d DCA 1991)
Walker v. State, 599 So. 2d 233 (Fla. 3d DCA 1992)
Pierre v. State, 600 So. 2d 46 (Fla. 3d DCA 1992)

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