STATE OF FLORIDA, APPELLANT,
v.
RENIEL SANTIAGO, APPELLEE
STATE OF FLORIDA, APPELLANT,
RENIEL SANTIAGO, APPELLEE
713 So. 2d 1127
Florida District Court of Appeal, Fourth District (1998)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse an order dismissing the charges against Appellee on the grounds that section 322.34(l)(a), Florida Statutes, is unconstitutional. The issue here is the same as that recently resolved in State v. Keirn, 23 Fla. L. Weekly D1144, — So. 2d-(Fla. 4th DCA May 6, 1998), in which we concluded that said statute is constitutional.
We remand for further proceedings consistent with our opinion in Keim.
STONE, C.J., and KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Raulerson v. State, 763 So. 2d 285 (Fla. 2000)…DCA 1998); Harvey v. State, 710 So. 2d 760 (Fla. 1st DCA 1998); Gaillard v. State, 707 So. 2d 956 (Fla. 1st DCA 1998); Beebe v. State, 706 So. 2d 953 (Fla. 1st DCA 1998); Hawkins v. State, 748 So. 2d 1037 (Fla. 1st DCA 1998); and State v. Santiago, 713 So. 2d 1127 (Fla. 4th DCA 1998), which cited as controlling authority either Raulerson, Gloster, or Keirn. We have jurisdiction. See Art. V, § 3(b)(3), Fla. Const.; see also Jollie v. State, 405 So. 2d 418, 420 (Fla.1981). On our own motion, we now consolidate…1 / 2
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Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998)…ntering a plea. It is only when the record “conclusively” establishes that the defendant did not rely on the advice of counsel that a summary adjudication will be proper. Id. at 237-38 (emphasis added; citations omitted); see also Hoskins v. State, 713 So. 2d 1127, 1128 (Fla. 3d DCA 1998). As the record does not conclusively refute the sworn claim of affirmative misadvice by counsel, we reverse and remand for an evi-dentiary hearing pursuant to Leroux. We affirm the denial of posteonviction relief on the rem…
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Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999)…plea was taken, a hearing would be necessary to determine the merits of a defendant’s claim that he relied in good faith upon the erroneous advice of his attorney in entering a plea. Leroux, 689 So. 2d at 238 (citations omitted); Hoskins v. State, 713 So. 2d 1127 (Fla. 3d DCA 1998). In rejecting defendant’s claim, the trial court pointed out that in 1991 defendant had been sentenced to a term of years which included a three-year mandatory minimum sentence. The court reasoned that the defendant necessarily m…