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.…
• Guzman-Aviles v. State, 226 So. 3d 339 (Fla. 5th DCA 2017)
  …ause “a rule 3.850 motion alleging that ‘trial counsel provided ineffective assistance by failing to file a motion to suppress is a legally sufficient claim, which is not waived by an entry of a plea.’ ” 217 So. 3d at 1097 (quoting Spencer v. State, 889 So. 2d 868, 870 (Fla. 2d DCA 2004)). Moreover, the plea agreement attached to the order on appeal does not conclusively refute Guzman-Aviles’ claim that counsel was ineffective for failing to move to suppress evidence, nor did the trial coui’t’s plea colloquy…

Authorities Cited

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