KRISTINA M. LAWHON-GRIFFIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2009-03-11
No. 4D08-3454
POLEN, HAZOURI and CIKLIN, JJ., concur.
4 So. 3d 769 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

*770PER CURIAM.

The trial court’s order dismissing the postconviction motion with prejudice, after having provided an opportunity to amend, is affirmed. See Oquendo v. State, 2 So.3d 1001 (Fla. 4th DCA 2008) (approving the procedure suggested in. Nelson v. State, 977 So.2d 710 (Fla. 1st DCA 2008)); see also Muccio v. State, 949 So.2d 376 (Fla. 4th DCA 2007) (concluding the defendant did not demonstrate prejudice because the plea offer was a package deal and the defendant failed to show that he would not have entered the plea if counsel had moved to dismiss count II); Warner v. State, 916 So.2d 879 (Fla. 2d DCA 2005) (finding the defendant failed to state a sufficient claim where his convictions resulted from a negotiated plea and he did not allege that he would not have entered the plea bargain if he had known of a double jeopardy violation); State v. Taylor, 738 So.2d 988 (Fla. 2d DCA 1999) (concluding the defendant’s 3.850 motion was insufficient because he did not allege or prove that he would not have accepted the plea agreement but for counsel’s alleged deficiency).

Affirmed.

POLEN, HAZOURI and CIKLIN, JJ., concur.


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  • Lawhon-Griffis v. State, 179 So. 3d 553 (Fla. 4th DCA 2015)
    …entered an open plea in case numbers 2004-CF-661 and 2005-CF-707, and was sentenced. She did not appeal her convictions or sentences. She first filed a rule 3.850 motion, which the trial court summarily denied; we affirmed. Lawhon-Griffis v. State, 4 So. 3d 769, 770 (Fla. 4th DCA 2009). She then filed a pro se motion to correct -sentence in each case, and subsequently filed a motion to clarify sentence, which resulted in the three orders now on appeal. In the first motion to correct sentence in the 2004 c…

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