RUFFINO GUEBARA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McCLOUGH v. State, 74 So. 3d 158 (Fla. 2d DCA 2011)
  …rare case[] where both prongs of Strickland — the error and the prejudice-are manifest in the record”). Counsel’s failure to file a motion to withdraw McClough’s plea is not per se ineffectiveness on the face of the record. See Williamson v. State, 974 So. 2d 582, 584 (Fla. 2d DCA 2008). Neither is his failure to object to the sentence at the hearing. Given the trial court’s statements at sentencing, we can conceive of a tactical explanation for counsel’s silence. See Henson v. State, 977 So. 2d 736, 739 (Fl…
• Simmons v. State, 228 So. 3d 1181 (Fla. 2d DCA 2017)
  …time sentence's imposed, so long as the trial court provides the defendant an opportunity to withdraw any plea that was entered in reliance on the promised sentence.” Rollman v. State, 887 So. 2d 1233, 1235 (Fla. 2004); see also Williamson v. State, 974 So. 2d 582, 583 (Fla. 2d DCA 2008) (“Both sides recognize that the trial court is not bound by any plea agreement.”). However, to preserve this issue for review, Simmons was required to file a motion to withdraw his plea, which he did not do. See McClough v. S…

Authorities Cited

• Lewis v. State, 952 So. 2d 1271 (Fla. 5th DCA 2007)