MICHAEL OWENS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Morgan v. State, 991 So. 2d 835 (Fla. 2008)
  …ould be a straightforward answer to the issue in this case. I believe that the correct answer is to approve Gonzales and Dines on the precise issue before us and to disapprove Sharpe v. State, 861 So. 2d 488 (Fla. 3d DCA 2003), and Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002), to the extent that they are read to be in conflict with Gonzales and Dines on this issue. CANTERO and BELL, JJ., concur.…

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• Eugenia Austin v. State, 968 So. 2d 1049 (Fla. 5th DCA 2007)
  …e currently split as to whether a trial counsel's assurance of a win at trial, standing alone, constitutes a facially sufficient claim of ineffective assistance of counsel if it leads to the defendant’s rejection of a plea offer. See Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002). Compare Morgan v. State, 941 So. 2d 1198 (Fla. 4th DCA 2006), rev. granted, 956 So. 2d 456 (Fla.2007); Dines v. State, 909 So. 2d 521 (Fla. 2d DCA 2005), rev. dism., 954 So. 2d 27 (Fla.2006); Gonzales v. State, 691 So. 2d 602 (Fl…
• Sharpe v. State, 861 So. 2d 483 (Fla. 3d DCA 2003)
  …lient to reject a plea offer and proceed to trial is not “capable of being evaluated by any ‘objective’ standard of reasonableness as contemplated by Strickland.” Id. at 604. We have taken the opposite position in this district. See Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002). There a defendant turned down a favorable plea offer because of allegedly ineffective advice that the defense would win a pending motion to suppress evidence. We held the defendant was entitled to an evidentiary hearing on the cl…