STEVE HAMPTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STEVE HAMPTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
941 So. 2d 1198
Florida District Court of Appeal, Fourth District (2006)
Negative Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Affirmed, without prejudice to appellant’s filing a timely and sufficient rule 3.850 motion alleging, if he can, that he does not actually qualify for sentencing as a habitual felony offender or as a prison releasee reoffender. Bover v. State, 797 So. 2d 1246, 1251 n. 5 (Fla.2001); Adlington v. State, 840 So. 2d 354 (Fla. 4th DCA), rev. denied, 859 So. 2d 513 (Fla.2003); Macaluso v. State, 912 So. 2d 694, 695-96 (Fla. 2d DCA 2005).
KLEIN, TAYLOR and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morgan v. State, 991 So. 2d 835 (Fla. 2008)…[*837] QUINCE, C.J. This case is before the Court for review of the decision of the Fourth District Court of Appeal in Morgan v. State, 941 So. 2d 1198 (Fla. 4th DCA 2006). The district court certified that its decision is in direct conflict with the decision of the Third District Court of Appeal in Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002), and Sharpe v. State, 861 So. 2d 483 (Fla. 3d DCA…
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Eugenia Austin v. State, 968 So. 2d 1049 (Fla. 5th DCA 2007)…of a win at trial, standing alone, constitutes a facially sufficient claim of ineffective assistance of counsel if it leads to the defendant’s rejection of a plea offer. See Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002). Compare Morgan v. State, 941 So. 2d 1198 (Fla. 4th DCA 2006), rev. granted, 956 So. 2d 456 (Fla.2007); Dines v. State, 909 So. 2d 521 (Fla. 2d DCA 2005), rev. dism., 954 So. 2d 27 (Fla.2006); Gonzales v. State, 691 So. 2d 602 (Fla. 4th DCA 1997), rev. denied, 700 So. 2d 685 (Fla.1997).…
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Yanes v. State, 960 So. 2d 834 (Fla. 3d DCA 2007)…plea offer on the basis of that misadvice. We reverse on point five and remand for further proceedings on authority of Sharpe v. State, 861 So. 2d 483 (Fla. 3d DCA 2003), and Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002). Contra Morgan v. State, 941 So. 2d 1198 (Fla. 4th DCA 2006) (certifying direct conflict with Gomez and Sharpe), rev. granted, No. SC06-2350, 956 So. 2d 456. We affirm the denial of relief on point six. With regard to those issues on which we reverse, we remand for an evidentiary hearing…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bover v. State, 797 So. 2d 1246 (Fla. 2001)
- Iric v. Spears, 912 So. 2d 694 (Fla. 2d DCA 2005)
- MacAluso v. State, 912 So. 2d 694 (Fla. 2d DCA 2005)
- Adlington v. State, 840 So. 2d 354 (Fla. 4th DCA 2003)