Cox v. State

In denying appellant’s motion for relief under Florida Rule of Criminal Procedure 3.850, the trial court ruled that “the defendant cannot establish he was erroneously misled or that he received ineffective assistance” of counsel in the form of advice he received concerning provisional credits, advice that the decision in Gomez v. Singletary, 733 So.2d 499, 508 (Fla.1998) later proved, he alleged, had been erroneous, saying:

Indeed, under Gomez, the defendant appears to be entitled to all awardable provisional credits as a Group V offender as specified in such decision, i.e., those not awarded…