ILDIKO S. DEAK, APPELLANT,

v.

THOMAS G. DEAK, APPELLEE

Citator

Cited By

• Reyna v. State, 18 So. 3d 1131 (Fla. 2d DCA 2009)
  …claim. See, e.g., State v. Leroux, 689 So. 2d 235, 236 (Fla.1996) (noting that “counsel’s erroneous advice regarding the length of sentence or eligibility for gain time or early release can be the basis for postconviction relief’); Borders v. State, 936 So. 2d 737, 737 (Fla. 2d DCA 2006) (finding that the defendant stated a facially sufficient claim of ineffective assistance of counsel after counsel advised the defendant that he would be entitled to full credit for all prior time served but the court refused…
• Heath v. State, 968 So. 2d 625 (Fla. 2d DCA 2007)
  …ied the claims, correctly finding that the motion was facially insufficient because Heath failed to allege that, but for trial counsel’s deficient performance, he would not have pleaded but rather would have proceeded to trial. See Borders v. State, 936 So. 2d 737, 738 (Fla. 2d DCA 2006) (citing Grosvenor v. State, 874 So. 2d 1176, 1182 (Fla.2004)). We affirm the order of the trial court without prejudice to any right Heath might have to file a facially sufficient rule 3.850 motion raising the same claims.…
• Alfano v. State, 17 So. 3d 899 (Fla. 2d DCA 2009)
  …o’s claim. Alfano claimed that his plea was involuntary because he was misinformed regarding the length of time he was required to spend on probation. This is a proper basis for a claim that the plea was involuntai'ily entered. See Borders v. State, 936 So. 2d 737 (Fla. 2d DCA 2006) (holding that misadvice as to a sentence’s actual length is a cognizable claim of ineffective assistance of counsel). However, for such a claim to be facially sufficient, the movant must allege that he would not have pleaded had h…