Legal Opinion

Hogan v. State

District Court of Appeal of Florida

Decided October 9, 2013No. 1D13-2193Published

1Per curiam

The appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 motion arguing that trial counsel was ineffective because he misadvised the appellant of the maximum sentence that he faced when considering the state’s plea offer.1 The appellant claims that the state offered him three years’ imprisonment in exchange for pleading guilty to two charges. He claims that counsel advised him the maximum sentence he faced was fifteen years based upon one of the charges, possession of a firearm by a convicted felon, a second-degree felony, if the appellant proceeded to trial and was…

2Cases cited3 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Alcorn v. StateSupreme Court of Florida · 2013
  3. White v. WhiteDistrict Court of Appeal of Florida · 1993

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