LEON BIVENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEON BIVENS, APPELLANT,
STATE OF FLORIDA, APPELLEE
840 So. 2d 355
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the order below without prejudice for Appellant to refile his motion for post conviction relief alleging facts supporting his entitlement to relief on the basis of this Court’s decision in Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000)(holding allegations of affirmative misadviee by trial counsel on the sentence-enhancing consequences of a defendant’s plea for future criminal behavior are cognizable as an ineffective assistance of counsel claim). Upon remand, the court is directed to determine whether laches bars Appellant relief.
TAYLOR, HAZOURI and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Woodard v. State, 885 So. 2d 444 (Fla. 4th DCA 2004)…tation substantiating his record requests, and this court’s affir-mance was without prejudice to Woodard’s re-filing his petition within thirty days to include copies of substantiating correspondence and entitlement to the records. Woodard v. State, 840 So. 2d 355 (Fla. 4th DCA 2003). Woodard timely re-filed his petition in April 2003, this time including correspondence substantiating a request dated February 20, 2002, to each official for their records concerning his cases, specifically including any deposi…
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Willio Jean Louis v. State, 884 So. 2d 302 (Fla. 4th DCA 2004)…refile his motion, for post-conviction relief, in the time remaining under the law, alleging the necessary facts to support his claim of affirmative misadvice of counsel under Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000). See Bivens v. State, 840 So. 2d 355 (Fla. 4th DCA 2003). FARMER, C.J., GUNTHER and SHAHOOD, JJ., concur.…
Authorities Cited
- Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000)