RENE R. DUTERTRE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• MacKinnon v. State, 39 So. 3d 537 (Fla. 5th DCA 2010)
  …ppression of evidence, which results in the entry of an ill-advised plea of guilty, has long been held to constitute a facially sufficient attack upon the conviction.” Williams v. State, 717 So. 2d 1066 (Fla. 2d DCA 1998); see also Spencer v. State, 889 So. 2d 868, 870 (Fla. 2d DCA 2004) (“An allegation that trial counsel provided ineffective assistance by failing to file a motion to suppress is a legally sufficient claim, which is not waived by entry of a plea.”). Because the uncontroverted evidence at the…
• Zanchez v. State, 84 So. 3d 466 (Fla. 2d DCA 2012)
  …tigate a factual defense or a defense relying on the suppression of evidence, which results in the entry of an ill-advised plea of guilty, has long been held to constitute a facially sufficient attack upon the conviction.” See also Spencer v. State, 889 So. 2d 868, 870 (Fla. 2d DCA 2004) (“An allegation that trial counsel provided ineffective assistance by failing to file a motion to suppress is a legally sufficient claim, which is not waived by entry of a plea.”). More recently, in Nelson v. State, 996 So.…
• Tecoy Marquis Campbell v. State, 139 So. 3d 490 (Fla. 2d DCA 2014)
  …. The postconviction court’s findings are incorrect. “An allegation that trial counsel provided ineffective assistance by failing to file a motion to suppress is a legally sufficient claim, which is not waived by entry of a plea.” Spencer v. State, 889 So. 2d 868, 870 (Fla. 2d DCA 2004). However, a movant must still allege prejudice, i.e., that there is a reasonable probability that, but for counsel’s errors, he would have insisted on going to trial. See Nelson v. State, 996 So. 2d 950, 952 (Fla. 2d DCA 2008…

Authorities Cited

• State v. Causey, 503 So. 2d 321 (Fla. 1987)