ERELSON J. WARNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Earon L. Tyler v. State, 793 So. 2d 137 (Fla. 2d DCA 2001)
  …will hear the specific nature of the prior convictions, and the defendant shows that because of the misinformation he did not testify, he has satisfied the deficient performance prong of an ineffective assistance of counsel claim. Everhart v. State, 773 So. 2d 78, 79 (Fla. 2d DCA 2000). Further [*142] more, if an attorney threatens to withdraw in the event his client testifies on his own behalf, and the defendant’s will is overborne to the extent that he does not take the stand, the performance prong of a cl…
• Hernando Garcia v. State, 21 So. 3d 30 (Fla. 3d DCA 2009)
  …137,141 (Fla. 2d DCA 2001) (remanding for an evidentiary hearing where defendant alleged that trial counsel misinformed him that the jury would hear specific nature of prior convictions as impeachment, and did not testify); accord Everhart v. State, 773 So. 2d 78, 79-80 (Fla. 2d DCA 2000). We should remand for an evidentiary hearing on ground three. In ground one, the defendant alleges ineffective assistance of counsel for failure to investigate, depose and/or subpoena critical witnesses for the defense. Th…
• Carver Askew v. State, 265 So. 3d 693 (Fla. 1st DCA 2019)
  …37, 141-42 (Fla. 2d DCA 2001). Because the trial court’s colloquy with Appellant regarding the waiver of his right to testify at trial does not conclusively refute this claim, we reverse and remand for an evidentiary hearing. See Everhart v. State, 773 So. 2d 78, 80 (Fla. 2d DCA 2000). AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings. WOLF, OSTERHAUS, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. Ap…

Authorities Cited

• Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)