STATE OF FLORIDA, APPELLANT,
v.
MITCHEL CONDE, APPELLEE
STATE OF FLORIDA, APPELLANT,
MITCHEL CONDE, APPELLEE
924 So. 2d 897
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
KLEIN, J.
This is an appeal from an‘ order suppressing cocaine which the defendant dropped while running from the police. Although the police did not have reasonable suspicion to stop the defendant, there is no evidence to support the only basis for suppression, that the illegal stop occurred before the drop. Because the stop did not occur until the police caught up with defendant, after he dropped the cocaine, the seizure of the cocaine was lawful. California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); Johnson v. State, 640 So. 2d 136 (Fla. 4th DCA 1994).
Reversed.
WARNER and HAZOURI, JJ., concur.
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Morgan v. State, 991 So. 2d 835 (Fla. 2008)…ddressed in the context of an ineffective assistance of counsel claim the rejection of a plea offer on the advice of counsel, and whether the trial court should have granted the defendant an evidentiary hearing on such a claim. In Williams v. State, 924 So. 2d 897 (Fla. 1st DCA 2006), the defendant claimed ineffective assistance of counsel because his counsel failed to convey to him the statutory maximum for the crime charged prior to his rejection of the State’s plea offer. The State offered three years on a…
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Pennington v. State, 34 So. 3d 151 (Fla. 1st DCA 2010)…to advise his client of the statutory maximum when discussing a plea offer. Appellant correctly notes that an attorney must advise a client of the statutory maximum before advising the client to reject or accept a plea offer. See Williams v. State, 924 So. 2d 897, 898 (Fla. 1st DCA 2006) (finding an ineffective assistance of counsel claim facially sufficient where the defendant alleged that counsel advised him to reject a plea offer without first advising him of the statutory maximum); Tidwell v. State, 844…
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Hever Ramos v. State, 141 So. 3d 643 (Fla. 4th DCA 2014)…egotiations amounts to deficient performance.”); see also Lester v. State, 15 So. 3d 728, 732 (Fla. 4th DCA 2009); McDowell v. State, 905 So. 2d 999 (Fla. 4th DCA 2005); Pennington v. State, 34 So. 3d 151, 155 (Fla. 1st DCA 2010); Williams v. State, 924 So. 2d 897, 898-99 (Fla. 1st DCA 2006). Without Ramos stating what he thought the maximum sentence could be, there may be no way to evaluate the objective reasonableness of his claim that he would have accepted the fifteen-year offer if counsel told him he co…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- California v. Hodari D., 499 U.S. 621 (U.S. 1991)
- Johnson v. State, 640 So. 2d 136 (Fla. 4th DCA 1994)