PEREZ

v.

UNITED STATES

Citator

Cited By

• State v. Leroux, 689 So. 2d 235 (Fla. 1996)
  …facts. Misrepresentations by counsel as to the length of a sentence or eligibility for gain time can be the basis for postconviction relief in the form of leave to withdraw a guilty plea. Thompson v. State, 351 So. 2d 701 (Fla. 1977), cert. denied, 435 U.S. 998, 98 S.Ct. 1653, 56 L.Ed.2d 88 (1978). However, under the express provisions of rule 3.850, relief may be summarily denied where the record conclusively refutes such a claim. See Rackley v. State, 571 So. 2d 533, 535 (Fla.1st DCA 1990)(finding that c…
• Bond v. State, 695 So. 2d 778 (Fla. 1st DCA 1997)
  …tached to the order. A claim that a defendant entered a plea of nolo contendere based on the erroneous advice of counsel is generally cognizable in a posteonviction motion under rule 3.850. Thompson v. State, 351 So. 2d 701 (Fla.1977), cert. denied, 435 U.S. 998, 98 S.Ct. 1653, 56 L.Ed.2d 88 (1978). If the motion is facially sufficient and if the defendant’s claim is not conclusively refuted by the record, the trial court must grant an evidentiary hearing. As the supreme court held in State v. Leroux, 689 S…
• Ramsey v. State, 408 So. 2d 675 (Fla. 4th DCA 1981)
  …eing eligible for parole and that had he known at the change of plea what he had since learned he would not have changed his plea. The test to be applied in such circumstances is recited in Thompson v. State, 351 So. 2d 701 (Fla.1977), cert. denied 435 U.S. 998, 98 S.Ct. 1653, 56 L.Ed.2d 88 (1978) wherein the Florida Supreme Court held: “The defendant has established to our satisfaction that hé was prejudiced by an honest misunderstanding which contaminated the voluntariness of the pleas.” See also Costell…