TRACI ANN GROSVENOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TRACI ANN GROSVENOR, APPELLANT,
STATE OF FLORIDA, APPELLEE
816 So. 2d 822
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We affirm. See Siegel v. State, 586 So. 2d 1341, 1342 (Fla. 5th DCA 1991)(in order to maintain a claim of ineffective assistance with either a nolo contendere or guilty plea, a defendant must show that he had a viable defense); Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988). We certify 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), both of which held that it was not necessary to demonstrate a viable defense to obtain relief in these types of cases.
AFFIRMED.
THOMPSON, C.J., COBB and ORFINGER, R. B., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)…CANTERO, J. We review Grosvenor v. State, 816 So. 2d 822 (Fla. 5th DCA 2002), which certified 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). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. This case involves a defendant…
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Hoggs v. State, 857 So. 2d 358 (Fla. 5th DCA 2003)…to allege that he had á viable defense. We have held on a number of occasions that such an allegation is a prerequisite to seeking withdrawal of a guilty plea or a plea of no contest due to ineffective assistance of counsel. See Grosvenor v. State, 816 So. 2d 822 (Fla. 5th DCA), review 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…
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Gould v. State, 826 So. 2d 1101 (Fla. 5th DCA 2002)…d appeals the summary denial of his Rule 3.850 motion. We affirm the trial court’s denial of defendant’s ineffective assistance claims because defendant fails to allege that he had a viable defense to the charges against him. See Grosvenor v. State, 816 So. 2d 822 (Fla. 5th DCA 2002); Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002). However, we reverse as to defendant’s claim that his plea was involuntary. Defendant alleges that his plea was involuntary, because his counsel promised him that he would only…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991)
- Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999)
- Diaz v. State, 534 So. 2d 817 (Fla. 3d DCA 1988)
- Stewart v. Stewart, 534 So. 2d 817 (Fla. 3d DCA 1988)
- Delawrence Newberry v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000)
- Cousino v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000)