KEITH MARCEL CULLINS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Kasper v. State, 828 So. 2d 1047 (Fla. 1st DCA 2002)
  …ond-degree felony even though aggravated stalking under section 784.048(4) is a third-degree felony, and his maximum exposure was thus five years, rather than 15 years. See § 775.082(3)(c) and (d), Fla. Stat. (1999). [*1048] See, e.g., Ash v. State, 767 So. 2d 1260 (Fla. 1st DCA 2000) (holding that affirmative misadvice as to the length of an appellant’s sentence is deficient performance). Second, he showed that he was prejudiced by alleging that he would not have pled, but would have gone to trial, if not for…
• Smallwood v. State, 911 So. 2d 849 (Fla. 1st DCA 2005)
  …pellant’s claim is facially sufficient: he alleges his counsel proffered misadvice about the length of his sentence and he would not have pled but for counsel’s misadvice. See Brazeail v. State, 821 So. 2d 364, 368 (Fla. 1st DCA 2002); Ash v. State, 767 So. 2d 1260, 1261 (Fla. 1st DCA 2000). We, therefore, reverse the trial court’s summary denial of the appellant’s first claim and remand to address the claim on the merits or attach record portions conclusively refuting his claim. All other issues are affirmed…
• Bart A. Greenway v. State, 823 So. 2d 206 (Fla. 1st DCA 2002)
  …Mr. Gus-tafson, allegedly an eyewitness to the incident. The motion specified the substance of Mr. Gustafson’s testimony, how it was relevant, and the prejudice allegedly caused by defense counsel’s failure to adduce this evidence. See Ash v. State, 767 So. 2d 1260, 1261 (Fla. 1st DCA 2000); Greeson v. State, 729 So. 2d 397, 397 (Fla. 1st DCA 1998); see generally Highsmith v. State, 617 So. 2d 825, 826 (Fla. 1st DCA 1993). The motion further alleged that defense counsel was aware of the existence of this witne…

Authorities Cited

• Glade Corr. Inst. v. Brownell, 719 So. 2d 1260 (Fla. 1st DCA 1998)