DAVID L. HORTON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Miller v. State, 988 So. 2d 138 (Fla. 1st DCA 2008)
  …e where a manifest injustice would otherwise occur; a manifest injustice includes convicting appellant “for an offense for which he could not have been convicted.” Silverstein v. State, 985 So. 2d 635 (Fla. 4th DCA 2008); see also Sherwood v. State, 734 So. 2d 1050 (Fla. 1st DCA 1998); Dydek v. State, 400 So. 2d 1255 (Fla. 2d DCA 1981); Waugh v. State, 388 So. 2d 253, 254 (Fla. 2d DCA 1980). Judge Allen relies on Novaton v. State, 634 So. 2d 607 (Fla.1994), for the proposition that an appellant waives his rig…
• Tims v. State, 996 So. 2d 255 (Fla. 1st DCA 2008)
  …ellant’s claims of ineffective assistance of counsel. However, we reverse and remand the denial of appellant’s claim that there was no factual basis supporting his plea to one count of felony battery causing great bodily harm. See Sherwood v. State, 734 So. 2d 1050 (Fla. 1st DCA 1998) (reversing and remanding claim in 3.850 motion that appellant pled to offense for which there was no factual basis); Jones v. State, 647 So. 2d 182 (Fla. 1st DCA 1994) (“When a 3.850 movant alleges that his plea had no factual ba…
• Hodges v. State, 107 So. 3d 538 (Fla. 2d DCA 2013)
  …rmine that there was a factual basis for his plea and that he is innocent of the offense to which he pleaded or that he pleaded to the wrong offense, the movant sets forth a facially sufficient claim for postconviction relief. See Sherwood v. State, 734 So. 2d 1050, 1051 (Fla. 1st DCA 1998); cf. State v. Fox, 659 So. 2d 1324, 1327-28 (Fla. 3d DCA 1995). Here, we are not able to determine whether a factual basis for the plea was taken. It appears that Mr. Hodges stipulated to the facts of all of the offenses wi…

Authorities Cited

• Hendrix v. Singletary, 717 So. 2d 1070 (Fla. 1st DCA 1998)
• Finch v. State, 717 So. 2d 1070 (Fla. 1st DCA 1998)
• Lynn v. State, 719 So. 2d 38 (Fla. 1st DCA 1998)