Lester v. State
District Court of Appeal of Florida
1Opinion of the CourtWarner, J.
The issue we address in this case is whether a defendant who was convicted after trial has a remedy in postconviction relief where his counsel misadvised him of his potential sentence, leading him to reject a more favorable pretrial plea offer from the state. We hold that the defendant is not entitled to a new trial but to a sentence no harsher than the expected maximum sentence he would have received by proceeding to trial based upon his attorney’s advice.
The state charged appellant Lester with robbery by sudden snatching and offered a 41.7-month sentence in return for a guilty plea. Lester…
Also in this document: Concurrence.
2Cases cited16 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. MorrisonSupreme Court of the United States · 1981
- United States v. Gerald GordonCourt of Appeals for the Second Circuit · 1998
- In Re AlvernazCalifornia Supreme Court · 1992
- People v. CurryIllinois Supreme Court · 1997
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3Cited by9 opinions
- Alcorn v. StateSupreme Court of Florida · 2013
- Martinez v. StateDistrict Court of Appeal of Florida · 2017
- Ramos v. StateDistrict Court of Appeal of Florida · 2014
- Hurt v. StateDistrict Court of Appeal of Florida · 2012
- Jeffrey M. Parenti v. StateDistrict Court of Appeal of Florida · 2017
4 more not listed; retrieve them via the Exa API.