HILTON ATWATER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hope v. State, 960 So. 2d 912 (Fla. 4th DCA 2007)
  …ons of files and records conclusively showing appellant is not entitled to relief or for an evidentiary hearing on appellant’s allegation that he was deprived of his right to testify by relying on his counsel’s erroneous advice. See Curtis v. State, 689 So. 2d 423 (Fla. 4th DCA 1997); Hicks v. State, 666 So. 2d 1021 (Fla. 4th DCA 1996). KLEIN, TAYLOR and HAZOURI, JJ., concur.…
• McCLAIN v. State, 699 So. 2d 1044 (Fla. 4th DCA 1997)
  …to section 943.25(13), Florida Statutes, (1995). The imposition of such discretionary fees must be orally pronounced at sentencing, see Tarrant v. State, 668 So. 2d 223 (Fla. 4th DCA 1996), and so we remand to delete this item. See Atwater v. State, 689 So. 2d 423 (Fla. 4th DCA 1997). DELL, SHAHOOD and GROSS, JJ., concur.…
• Primitivo R. Morales v. State, 120 So. 3d 67 (Fla. 4th DCA 2013)
  …leges, in Claim 5, that counsel misadvised him that the jury would learn the nature of his prior convictions had he chosen to testify in his own defense. He [*68] ultimately decided not to testify based upon this alleged advice. See Curtis v. State, 689 So. 2d 423, 423 (Fla. 4th DCA 1997); Hicks v. State, 666 So. 2d 1021, 1023 (Fla. 4th DCA 1996). The State concedes that an evidentiary hearing is warranted on this claim. We remand for further proceedings. Affirmed in Part, Reversed in PaH and Remanded.…

Authorities Cited

• Vandy Tarrant v. State, 668 So. 2d 223 (Fla. 4th DCA 1996)