MONESSE DARIUS APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Gunn v. State, 841 So. 2d 629 (Fla. 2d DCA 2003)
  …02); Roberti v. State, 782 So. 2d 919, 920 (Fla. 2d DCA 2001). B&cause Gunn’s claim concerning defense counsel’s alleged affirmative misadvice was not addressed by the trial court, reversal is required for an evidentiary hearing. See Ayers v. State, 831 So. 2d 1260 (Fla. 2d DCA 2002); Snodgrass v. State, 837 So. 2d 507 (Fla. 4th DCA 2003). Gunn also asserts that when he raised the issue of withdrawing his plea, defense counsel took an adversarial position by refuting Gunn’s claim regarding the videotape. Gunn…
• Dedrick Pope v. State, 857 So. 2d 271 (Fla. 2d DCA 2003)
  …ith v. State, 184 So. 2d 458 (Fla. 2d DCA 1966); Peel v. State, 150 So. 2d 281 (Fla. 2d DCA 1963); Russell v. State, 233 So. 2d 148, 149 (Fla. 4th DCA 1970). Appellate courts have continued to review such motions in recent years. See Ayers v. State, 831 So. 2d 1260 (Fla. 2d DCA 2002); Glispy v. State, 846 So. 2d 1262 (Fla. 4th DCA 2003); Smith v. State, 840 So. 2d 404 (Fla. 4th DCA 2003); Moore v. State, 831 So. 2d 1237 (Fla. 1st DCA 2002). Additionally, Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)(…

Authorities Cited

• Novaton v. State, 634 So. 2d 607 (Fla. 1994)
• Hubbard v. State, 662 So. 2d 746 (Fla. 1st DCA 1995)