HOWARD GILLARD, PETITIONER,

v.

FLORIDA PAROLE COMMISSION, RESPONDENT

Citator

Cited By

• Brock R. Shade v. State, 59 So. 3d 1214 (Fla. 5th DCA 2011)
  …4 (1984), are met. See Merkison v. State, 1 So. 3d 279, 281 (Fla. 1st DCA 2009). A claim that a defendant was induced to enter a plea upon counsel’s erroneous advice that an issue was preserved for appeal is facially sufficient. See Hawley v. State, 822 So. 2d 552 (Fla. 1st DCA 2002). “[T]he voluntariness of a plea can be undercut if the decision to plead is influenced by erroneous advice regarding the defendant’s appellate rights.” Helms v. State, 573 So. 2d 116, 116 (Fla. 2d DCA 1991). [*1216] In this case,…
• Hawley v. State, 877 So. 2d 865 (Fla. 1st DCA 2004)
  …ues for appeal, because Hawley had entered into the plea agreement with the understanding that he would have the right to appeal such issues. The trial court summarily denied the motion, but, on appeal from the order, this court, in Hawley v. State, 822 So. 2d 552 (Fla. 1st DCA 2002), reversed and remanded the case for an evidentiary hearing, holding that Hawley had sufficiently alleged a prima facie ground for relief. See, e.g., Seaborne v. State, 789 So. 2d 1244 (Fla. 1st DCA 2001); Levine v. State, 788 So.…
• Kevyn L. Terry v. State, 221 So. 3d 786 (Fla. 1st DCA 2017)
  …on for continuance was a dispos-itive issue that would be reviewable on appeal, Appellant asserted that but for this misadvice, he would' have gone to trial. Appellant has sufficiently alleged ineffective assistance of counsel. See Hawley v. State, 822 So. 2d 552, 553 (Fla. 1st DCA 2002). Because the record on appeal does not conclusively refute Appellant’s allegations, the State properly concedes that the summary denial of this claim must be reversed and the matter remanded for the attachment of portions of…

Authorities Cited

• Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)