DELAWRENCE NEWBERRY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)
  …uld have likely resulted in either an acquittal, or a more favorable sentence following a conviction of the charged offense or of a lesser included offense. I conclude that this is the correct analysis. I would not approve either Cousino v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000), or Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999). Cousino has no analysis of this issue but merely adopts the view of the First District. The lineage of the First District’s decision on this issue is traced to Price v. Stat…

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• Young v. State, 789 So. 2d 1160 (Fla. 5th DCA 2001)
  …nt claims ineffective assistance in connection with a plea of no contest or guilty, the defendant must allege that he had a viable defense, which Young has not done. See Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991); but see Cousino v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000)(allegation defendant would not have entered plea but for counsel’s omission sufficient to show prejudice and allegation that there was a viable defense is not required); Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999)(same).…
• Tecoy Marquis Campbell v. State, 139 So. 3d 490 (Fla. 2d DCA 2014)
  …8, 243-44, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969))). Nevertheless, this claim is facially insufficient because Campbell did not allege that he was prejudiced by counsel’s failure to advise him of all of the rights he was waiving. See Cousino v. State, 770 So. 2d 1258, 1260 (Fla. 4th DCA 2000) (noting that to establish prejudice from counsel’s ineffectiveness during the plea process, a postconviction movant must allege that there is a reasonable probability that but for counsel’s ineffectiveness, he would have in…