Legal Opinion

Liston T. Gumbs, Jr. v. State

District Court of Appeal of Florida

Decided August 13, 2014No. 4D12-518PublishedCited by 2 opinions

1Opinion of the CourtGerber, J.

The defendant appeals the circuit court’s order summarily denying his motion to withdraw his plea to attempted first-degree murder with a firearm. According to the defendant: (1) his motion to withdraw plea was facially sufficient because it alleged that defense counsel misadvised him that if he proceeded to trial and was found guilty, the court was required to sentence him to life in prison; (2) he is entitled to an evidentiary hearing on his motion to withdraw plea because the record does not conclusively refute his allegations; and (3) he is entitled to a Sheppard 1 hearing to determine…

2Cases cited6 opinions

  1. Sheppard v. StateSupreme Court of Florida · 2009
  2. Woodly v. StateDistrict Court of Appeal of Florida · 2006
  3. Jones v. StateDistrict Court of Appeal of Florida · 1996
  4. Boule v. StateDistrict Court of Appeal of Florida · 2004
  5. Hamil v. StateDistrict Court of Appeal of Florida · 2013

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. James H. Tipler v. State of FloridaDistrict Court of Appeal of Florida · 2014
  2. James H. Tipler v. State of FloridaDistrict Court of Appeal of Florida · 2014

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