CHARLES WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-09-04
No. 4D01-1305
WARNER, GROSS and HAZOURI, JJ., concur.
824 So. 2d 1050 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Although the prosecutor made an unobjected to misstatement of law in closing argument, we conclude that the error was harmless beyond a reasonable doubt when viewed in the context of the entire closing argument; the considerable number of times during argument where the prosecutor made the correct statement of law; the court’s instructions that what the lawyers say is neither evidence nor argument; and the court’s proper instructions of the law. See Almeida v. State, 748 So. 2d 922, 927 (Fla.1999).

WARNER, GROSS and HAZOURI, JJ., concur.


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  • Baker v. State, 879 So. 2d 663 (Fla. 5th DCA 2004)
    …entered a plea). However, in plea cases, inaccurate advice by counsel as to the length of a sentence can be a basis for post-conviction relief when not conclusively refuted by the record. State v. Leroux, 689 So. 2d 235 (Fla.1996); Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002). The essence of a challenge to the voluntariness of a plea is that trial counsel was ineffective in some way by misinforming the defendant as to sentencing rights or options, thus establishing that the defendant did not enter a kn…
  • Collazo v. State, 8 So. 3d 1273 (Fla. 5th DCA 2009)
    …l language was not on the English version when he signed it. Misrepresentations or misadvice by counsel about the length of a sentence can be the basis for postconviction relief. See State v. Leroux, 689 So. 2d 235, 236 (Fla.1997); Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002). An allegation that counsel misrepresented the length of time that a defendant would serve can be summarily denied if the plea colloquy conclusively refutes the allegations. Leroux; Montgomery v. State, 615 So. 2d 226 (Fla. 5th DC…
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  • Dobarganes v. State, 239 So. 3d 1265 (Fla. 3d DCA 2018)
    …that the record in the instant case fails to conclusively refute the factual claims by Dobarganes and the additional affiant. See, e.g., State v. Leroux, 689 So. 2d 235 (Fla. 1996); Garcia v.State, 907 So. 2d 607 (Fla. 3d DCA 2005); Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); Moore v. State, 991 So. 2d 977, 978 (Fla. 1st DCA 2008); Jones v. State, 846 So. 2d 1224 (Fla. 2d DCA 2003). We express no opinion regarding the merits of Dobarganes's claims…

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