EMMANUEL MORELAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-12-20
No. 4D06-3551
945 So. 2d 606 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 4 cases
Topics
Youthful Offender Sentencing Florida Rule Of Criminal Procedure 3.850 Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s summary denial of appellant Emmanuel Moreland’s motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However, we affirm without prejudice on claim 8 only, insofar as appel lant has alleged that his pleas were involuntary due to the failure of the trial court and defense counsel to advise him that he had the right to seek sentencing as a youthful offender under section 958.04(1), Fla. Stat. See generally Croskey v. State, 601 So. 2d 1826 (Fla. 2d DCA 1992); Taylor v. State, 534 So. 2d 1181 (Fla. 4th DCA 1988). Affirmance of the summary denial of this claim is without prejudice to appellant’s right to refile a timely and verified motion for post conviction relief which alleges whether appellant actually qualified for youthful offender sentencing under the statute, addressing all of the criteria of section 958.04(1), Florida Statutes.

POLEN, FARMER and KLEIN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lara v. State, 170 So. 3d 133 (Fla. 5th DCA 2015)
    …asonable to conclude that Lara might have been more willing to go to trial in the hope that he could show that his testimony was more credible than the victim’s. The State concedes error in the summary denial of ground five. See Moreland v. State, 945 So. 2d 606, 606-07 (Fla. 4th DCA 2006); Montgomery v. State, 869 So. 2d 27, 28 (Fla. 2d DCA 2004); Carswell v. State, 845 So. 2d 263, 263 (Fla. 2d DCA 2003). AFFIRMED IN PART; REVERSED IN PART; and REMANDED. COHEN, BERGER, and WALLIS, JJ., concur.…
  • Moreland v. State, 963 So. 2d 949 (Fla. 4th DCA 2007)
    …PER CURIAM. Appellant Emmanuel Moreland appeals the trial court’s order summarily denying his latest motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In Moreland v. State, 945 So. 2d 606 (Fla. 4th DCA 2006), this court affirmed the denial of his earlier rule [*950] 3.850 motion, without prejudice to his right to file a timely and verified motion alleging whether he actually qualified for youthful offender sentencing, and addressing…

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