KEVIN GROGIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEVIN GROGIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
824 So. 2d 984
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. Appellant filed a rule 3.850 motion alleging that his trial counsel was ineffective for failing to advise him of the sentence he would receive in connection with his open plea. The motion is legally insufficient because appellant has not alleged that he would not have entered the plea had he been properly informed. See Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Roldan v. State, 695 So. 2d 864, 864 (Fla. 4th DCA 1997).
KLEIN, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Makenson Saintiler v. State, 109 So. 3d 303 (Fla. 4th DCA 2013)…llege that he would not have entered the plea and would have insisted on going to trial had he been properly informed. Grosvenor v. State, 874 So. 2d 1176, 1179 (Fla.2004); Alfred v. State, 998 So. 2d 1197, 1200 (Fla. 4th DCA 2009); Grogin v. State, 824 So. 2d 984, 984 (Fla. 4th DCA 2002). Second, the motion was facially insufficient because it failed to [*305] allege that withdrawal of the plea was necessary to correct a manifest injustice. See Powell v. State, 929 So. 2d 54, 55 (Fla. 5th DCA 2006). Third, t…
Authorities Cited
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985)
- Roldan v. State, 695 So. 2d 864 (Fla. 4th DCA 1997)