ERIK OTERO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Williams v. State, 717 So. 2d 1066 (Fla. 2d DCA 1998)
  …ression of evidence, which results in the entry of an ill-advised plea of guilty, has long been held to constitute a facially sufficient attack upon the conviction. See Kelly [*1067] v. State, 712 So. 2d 780 (Fla. 2d DCA 1998), and Stanley v. State, 703 So. 2d 1156 (Fla. 2d DCA 1997) (holding that in the context of guilty pleas the appellants stated facially sufficient claims that counsel had overlooked defenses of voluntary intoxication). See also Fortner v. State, 538 So. 2d 85 (Fla. 2d DCA 1989) (holding th…
• Jerail Leron LAW v. State, 847 So. 2d 599 (Fla. 5th DCA 2003)
  …n not to testify rather than his right to call witnesses. In addition, Law’s statement indicating satisfaction, made after the state had rested, may have been made based on his belief that it was too late to call witnesses. Compare Stanley v. State, 703 So. 2d 1156 (Fla. 2d DCA 1997) (plea agreement indicating defendant’s satisfaction with defense counsel does not conclusively refute claim of ineffective assistance for failing to advise defendant of a possible defense). While the [*601] supreme court affirmed…
• Wilson v. State, 871 So. 2d 298 (Fla. 1st DCA 2004)
  …trial counsel failed to prepare and develop viable defenses to the charges against him, it is apparent from the record that appellant had raised the issue of self-defense with his defense counsel prior to the entry of his plea. Cf. Stanley v. State, 703 So. 2d 1156, 1157 (Fla. 2d DCA 1997) (noting defenses which were not brought to defendant’s attention cannot be waived); Seraphin v. State, 706 So. 2d 913 (Fla. 4th DCA 1998) (reversing where defendant alleged counsel failed to advise him of a viable defense);…

Authorities Cited

• Steinhorst v. State, 412 So. 2d 332 (Fla. 1982)
• Jones v. State, 571 So. 2d 1374 (Fla. 1st DCA 1990)