IZEAL ACKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
IZEAL ACKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
804 So. 2d 599
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The appellant challenges an order summarily denying his motion for post-conviction relief. We AFFIRM without prejudice to the appellant’s right to file a petition seeking belated appeal in this Court under Florida Rule of Appellate Procedure 9.140(j). See Porter v. State, 688 So. 2d 6 (Fla. 1st DCA 1997).
ERVIN, BARFIELD, and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)…fine and subtle a distinction in disapproving the district court decisions which “have interpreted Hill as requiring a defendant to allege that, had the plea not been entered, the defendant would have prevailed at trial,” see, e.g., Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002); Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988), majority op. [*1188] at 1180, and then holding that “the viability of a defense is relevant to determine whether counsel performed deficiently in failing to inform the defendant…1 / 2
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Brazeail v. State, 821 So. 2d 364 (Fla. 1st DCA 2002)…e was a reasonable probability of acquittal, conviction of a lesser offense, or a more advantageous plea offer. For example, Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988), Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991), and Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002), appear to hold that, in order to state a facially sufficient claim in a case such as this, the defendant must allege that he had a “viable defense” in addition to an allegation that, but for the ineffective assistance of counsel…
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Hoggs v. State, 857 So. 2d 358 (Fla. 5th DCA 2003)…granted, 826 So. 2d 992 (Fla.2002)(certifying conflict with Cousino v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000), and Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999); see also Gould v. State, 826 So. 2d 1101 (Fla. 5th DCA 2002); Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002). AFFIRMED. SHARP, W. and TORPY, JJ., concur.…
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- Ropes v. JHA Mktg., Inc., 688 So. 2d 6 (Fla. 4th DCA 1997)