Legal Opinion

Dow v. State

District Court of Appeal of Florida

Decided August 14, 2002No. 2D02-944PublishedCited by 2 opinions

1Opinion of the Court

823 So.2d 830 (2002)

Toby Emilo DOW, Appellant,

v.

STATE of Florida, Appellee.

No. 2D02-944.

District Court of Appeal of Florida, Second District.

August 14, 2002.

CASANUEVA, Judge.

Toby Dow appeals the order summarily denying his timely motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Dow raised three claims in his motion. We agree in part with the trial court and thus affirm the denial of two of Dow's claims. However, we conclude that Dow articulated a facially sufficient claim that his plea was involuntary. Because that claim is not refuted by the record…

2Cases cited4 opinions

  1. Bermudez v. StateDistrict Court of Appeal of Florida · 1992
  2. Johnson v. StateDistrict Court of Appeal of Florida · 1999
  3. Williams v. StateDistrict Court of Appeal of Florida · 2002
  4. Ricardo v. StateDistrict Court of Appeal of Florida · 1994

3Cited by2 opinions

  1. Mourra v. StateDistrict Court of Appeal of Florida · 2004
  2. Pawle v. StateDistrict Court of Appeal of Florida · 2003

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