CLIFFORD SUTTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Reyna v. State, 18 So. 3d 1131 (Fla. 2d DCA 2009)
  …failure to advise a defendant of possible jail time and prison time credits can support a claim for ineffective assistance of counsel, I recognize that “if counsel chooses to offer such advice, then the advice given must be accurate.” Deck v. State, 985 So. 2d 1234, 1236 (Fla. 2d DCA 2008). Thus, if defense counsel attempted to explain jail and prison credits to Reyna and did so inaccurately, I agree that such misadvice could support a claim for ineffective assistance of counsel. Here, however, I find Reyna’s…
• Chandler v. State, 1 So. 3d 284 (Fla. 2d DCA 2009)
  …e. However, even when counsel has no obligation to advise a defendant about a collateral consequence of a plea, “ ‘[affirmative misadvice about even a collateral consequence of a plea constitutes ineffective assistance of counsel.’ ” Deck v. State, 985 So. 2d 1234, 1236 (Fla. 2d DCA 2008) (quoting Roberti v. State, 782 So. 2d 919, 920 (Fla. 2d DCA 2001)). “Thus, while counsel has no obligation to be proactive by voluntarily advising a defendant about the collateral consequences of a guilty plea, if counsel ch…
• Hernandez v. State, 204 So. 3d 128 (Fla. 4th DCA 2016)
  …Fla. 4th DCA 2002) (“[I]t is well-settled that affirmative misadvice regarding even collateral consequences • of a plea forms a basis for withdrawing the plea.” (quoting Watrous v. State, 793 So. 2d 6, 11 (Fla. 2d DCA 2001)); see also Deck v. State, 985 So. 2d 1234, 1236 (Fla. 2d DCA 2008); Marshall v. State, 983 So. 2d 680, 682 (Fla. 4th DCA 2008) (en banc); Joyner v. State, 795 So. 2d 267, 268 (Fla. 1st DCA 2001). As in Partlow, having to register as a sex offender was a collateral consequence of being plac…

Authorities Cited

• Collie v. State, 710 So. 2d 1000 (Fla. 2d DCA 1998)
• Fletcher v. State, 699 So. 2d 346 (Fla. 5th DCA 1997)
• Moore v. State, 880 So. 2d 826 (Fla. 1st DCA 2004)