Days v. State, 92-4367
| Decision Date | 18 May 1994 |
| Docket Number | No. 92-4367,92-4367 |
| Parties | 19 Fla. L. Weekly D1118 Vincent D. DAYS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appellant, pro se.
No appearance by the state.
Days appeals from an order summarily denying his motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant alleges that his plea was not voluntary because of misinformation provided by his attorney concerning his eligibility for gaintime. There was no allegation by the appellant that he would not have entered the plea had he been given the correct information. Matthews v. State, 614 So.2d 25 (Fla. 1st DCA 1993). Without this allegation, the petition is deficient. Id. at 26.
Since appellant may be able to properly allege reliance on the incorrect advice of counsel, our affirmance is without prejudice to appellant to pursue a subsequent 3.850 motion on the grounds of ineffective assistance of counsel.
I agree that the motion is fatally defective on the ground stated by the majority. On that basis we affirm the trial court's order. It should not be inferred from the "without prejudice" language of the opinion that the petition is otherwise sufficient.
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Rankin v. State, 2D01-3990.
...he must still allege "that he would not have entered the plea had he been given the correct information." Days v. State, 637 So.2d 66, 66 (Fla. 1st DCA 1994); see also State v. Taylor, 738 So.2d 988, 989 (Fla. 2d DCA 1999). Rankin, if he is able, may present this claim in a subsequent Ranki......
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State v. Taylor, 98-02392.
...this misadvice, an element necessary for postconviction relief. See Davis v. State, 697 So.2d 957 (Fla. 2d DCA 1997); Days v. State, 637 So.2d 66 (Fla. 1st DCA 1994). We find this omission unsurprising given that, without the plea agreement, Mr. Taylor was facing a potential of two consecut......
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Litton v. State
...Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Days v. State, 637 So.2d 66 (Fla. 1st DCA 1994); Zaetler v. State, 627 So.2d 1328 (Fla. 3d DCA 1993), review denied, 639 So.2d 984 SHARP, W., GOSHORN and HARRIS, JJ., concur. ...
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King v. Winn Dixie Stores Inc., 92-4225
... ... care services beginning April 29, 1989, in the amount of 49 hours a week (7 hours a day, 7 days a week). This award was appealed by the E/C and affirmed in Winn Dixie Stores, Inc. v. King, 579 ... ...