MARHLAU BELIZIARE
v.
THE STATE OF FLORIDA
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A plea may be vacated based on newly discovered evidence only if the defendant satisfies a two-pronged test analogous to Strickland v. Washington, considering the totality of circumstances including the likelihood of success of available defenses and the difference between the plea sentence and maximum possible sentence.
[1] A motion to vacate a guilty plea based on newly discovered evidence is evaluated under a two-pronged test analogous to Strickland v. …
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Join FLexlaw to unlock all legal intelligence“[I]n determining whether a reasonable probability exist that the defendant would have insisted on going to trial, a court should consider the totality of the circumstances surrounding the plea, including factors such as whether a particular defense was likely to succeed at trial, the colloquy between the defendant and the trial court at the time of the plea, and the difference between the sentence imposed under the plea and the maximum possible sentence the defendant faced at trial.”
Grosvenor v. State standard for evaluating newly discovered evidence claims in plea vacation motions
Marhlau Beliziare appealed from a circuit court order denying his motion to vacate his guilty plea based on newly discovered evidence. The case involv…
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Third District Court of Appeal State of Florida
Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1717 Lower Tribunal No. F07-17556 ________________
Marhlau Beliziare, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.
Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant.
Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.
Before EMAS, SCALES and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Long v. State, 183 So. 3d 342 (Fla. 2016) (adopting twopronged test, analogous to that of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), to determine whether a plea should be vacated based on a claim of newly-discovered evidence); Grosvenor v. State, 874 So. 2d 1176, 1181-82 (Fla. 2004) (“[I]n determining whether a reasonable probability exist that the defendant would have insisted on going to trial, a court should consider the totality of the circumstances surrounding the plea, including factors such as whether a particular defense was likely to succeed at trial, the colloquy between the defendant and the trial court at the time of the plea, and the difference between the sentence imposed under the plea and the maximum possible sentence the defendant faced at trial.”)
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)
- Long v. State, 183 So. 3d 342 (Fla. 2016)