PATRICK CRAIG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATRICK CRAIG, APPELLANT,
STATE OF FLORIDA, APPELLEE
932 So. 2d 1287
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse and remand the order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion for the attachment of portions of the record that conclusively refute the appellant’s claims or for any other appropriate relief. See Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006).
FARMER, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 120 So. 3d 629 (Fla. 2d DCA 2013)…ef. This court has determined that claims alleging ineffective assistance for failing to object to improper reasons given in support of an upward departure sentence are cognizable in motions for post-conviction relief. See, e.g., Rodriguez v. State, 932 So. 2d 1287, 1289 (Fla. 2d DCA 2006); Pilkington v. State, 734 So. 2d 1153, 1153 (Fla. 2d DCA 1999), review denied, 744 So. 2d 456 (Fla.1999). Although the present case does not involve an upward departure sentence, it does involve improper considerations by th…
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Flores-Vega v. State, 22 So. 3d 721 (Fla. 2d DCA 2009)…the summary denial of a similar claim where the defendant alleged that counsel was ineffective for failing to inform him that the State could not prove that he possessed child pornography because he lacked the requisite mens rea. Rodriguez v. State, 932 So. 2d 1287, 1290 (Fla. 2d DCA 2006). We held that “[cjounsel’s misadvice concerning available defenses during the plea process can give rise to ineffective assistance of counsel claims.” Id. Thus we reverse the summary denial of the motion’s ground one and rem…
Authorities Cited
- Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006)