ILDIKO S. DEAK, APPELLANT,

v.

THOMAS G. DEAK, APPELLEE

Citator

Cited By

• Reyna v. State, 18 So. 3d 1131 (Fla. 2d DCA 2009)
  …claim. See, e.g., State v. Leroux, 689 So. 2d 235, 236 (Fla.1996) (noting that “counsel’s erroneous advice regarding the length of sentence or eligibility for gain time or early release can be the basis for postconviction relief’); Borders v. State, 936 So. 2d 737, 737 (Fla. 2d DCA 2006) (finding that the defendant stated a facially sufficient claim of ineffective assistance of counsel after counsel advised the defendant that he would be entitled to full credit for all prior time served but the court refused…
• Heath v. State, 968 So. 2d 625 (Fla. 2d DCA 2007)
  …ied the claims, correctly finding that the motion was facially insufficient because Heath failed to allege that, but for trial counsel’s deficient performance, he would not have pleaded but rather would have proceeded to trial. See Borders v. State, 936 So. 2d 737, 738 (Fla. 2d DCA 2006) (citing Grosvenor v. State, 874 So. 2d 1176, 1182 (Fla.2004)). We affirm the order of the trial court without prejudice to any right Heath might have to file a facially sufficient rule 3.850 motion raising the same claims.…
• Morales v. State, 69 So. 3d 1086 (Fla. 2d DCA 2011)
  …96). Furthermore, such valid claims of erroneous advice extend to misrepresentations about the effect and application of gaintime on the length of the defendant’s prison sentence, as is the case here. See Leroux, 689 So. 2d at 236; Borders v. State, 936 So. 2d 737, 738 (Fla. 2d DCA 2006). In such cases, “were it to be made clear to a defendant at the time the plea was entered that he could not rely on anyone’s estimated computation of the time the defendant would actually serve, then such a defendant would ha…