LINDA S. DUNKELBERGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LINDA S. DUNKELBERGER, APPELLANT,
STATE OF FLORIDA, APPELLEE
877 So. 2d 765
Florida District Court of Appeal, Fourth District (2004)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed. In her postconviction motion, appellant claims that her lawyer promised that the judge would impose a downward departure sentence. However, the plea colloquy conclusively refutes her claim. See State v. Leroux, 689 So. 2d 235, 236 (Fla.1996) (stating “under the express provisions of [Florida Rule of Criminal Procedure] 3.850, relief may be summarily denied where the record conclusively refutes” claim that appellant’s counsel made misrepresentation as to length of potential sentence). The trial judge carefully questioned appellant about the sentence and specifically asked whether her attorney had made any promises regarding the sentence, to which she responded in the negative.
FARMER, C.J., WARNER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Jones v. Martin Elecs., Inc., 932 So. 2d 1100 (Fla. 2006)…MENT TO ADDITIONAL BENEFITS THEN, HAVING OBTAINED AN AWARD OF THE ADDITIONAL WORKERS’ COMPENSATION BENEFITS, BRING SUIT IN CIRCUIT COURT FOR THE PERSONAL INJURIES SUSTAINED ON THE JOB THAT WERE THE BASIS FOR THE AWARD? Martin Elecs., Inc. v. Jones, 877 So. 2d 765, 769 (Fla. 1st DCA 2004). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We rephrase the certified question to address the factors presented more specifically as follows: IS AN EMPLOYEE WHO IS ENTITLED TO AND HAS RECEIVED WORKERS’ COMPENS…
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Tu-Lane Invs., Inc. v. ORR, 889 So. 2d 961 (Fla. 1st DCA 2004)…nal injury action which held that, as a matter of law, it was not entitled to workers’ compensation immunity. Although nonfinal, the order is appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(v). Martin Elecs., Inc. v. Jones, 877 So. 2d 765 (Fla. 1st DCA 2004). Because an unresolved issue of material fact remains, we reverse and remand for further proceedings. Appellee Gerald Orr was injured while working on appellant’s premises. At the time, Orr was employed by CORE Employer Services…
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Powers v. E.R. Precision Optical Corp. & N. Am. Risk Servs., 886 So. 2d 281 (Fla. 1st DCA 2004)…ills. ERPOC and its insurer responded with a motion for summary final order, pursuant to Florida Administrative Code Rule 60Q-6.120, which the judge of compensation claims granted. The present appeal ensued. Here as in Martin Elecs., Inc. v. Jones, 877 So. 2d 765, 768 (Fla. 1st DCA 2004), the broad question is whether the injured employee is “judicially estopped to take an inconsistent position.” The appeal in Jones was taken from a circuit court order denying an employer’s motion to dismiss a civil suit on…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)