JUDE P. CAZEAU, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Iaconetti v. State, 869 So. 2d 695 (Fla. 2d DCA 2004)
  …he understood that there were “no plea negotiations.” This question was insufficient to determine whether Iaconetti understood that the sentence was entirely in the hands of the court given the representations by her attorney. Cf. Peloquin v. State, 858 So. 2d 1213, 1214 (Fla. 4th DCA 2003) (holding that in the absence of any evidence that the court specifically inquired of the defendant whether his attorney had made any representations or promises concerning the length of the sentence, the plea colloquy was i…
• Ragoobar v. State, 893 So. 2d 647 (Fla. 4th DCA 2005)
  …ture, and the defendant assured the court that he understood that. This discussion conclusively refutes the defendant’s claim that he relied upon defense counsel’s promise of a more lenient sentence. We distinguish this case from Peloquin v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003). There, we held that the defendant was entitled to a hearing on his motion to withdraw where he asserted that his plea was rendered involuntary by his attorney’s affirmative representation that his motion for downward departure w…
• Ross v. State, 869 So. 2d 770 (Fla. 4th DCA 2004)
  …led pursuant to Florida Rule of Criminal Procedure 3.850. The trial court was without jurisdiction to rule on this motion because Ross’s direct appeal is still pending before this court, filed through counsel on October 2, 2003. See Cazeau v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003). Therefore, as we did in Cazeau, we vacate the January 9, 2004 order and direct the trial court to dismiss the motion without prejudice. Ross shall be allowed to refile, without the penalties affixed to successive motions as an…

Authorities Cited

• Daniels v. State, 712 So. 2d 765 (Fla. 1998)
• Burch v. State, 721 So. 2d 1198 (Fla. 1st DCA 1998)
• Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002)