Legal Opinion

Webb v. State

District Court of Appeal of Florida

Decided September 24, 2010No. 5D10-1819Published

1Per curiam

The petition for belated appeal is denied. The appointed Commissioner found petitioner’s allegations “to be incredible” for a number of reasons. Along with the record evidence rebutting his claim, the facts were that he never moved to withdraw his plea, and he received a highly favorable sentence instead of the prison releasee reoffender mandatory life sentence he was facing mid-trial. There was also the additional consideration that his credibility was damaged by his twenty prior felony convictions. Petitioners are cautioned about attempting to mislead this court. See, e.g., Svoboda v.…

2Cases cited2 opinions

  1. Svoboda v. StateDistrict Court of Appeal of Florida · 2006
  2. Adair v. StateDistrict Court of Appeal of Florida · 2009

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