Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided July 5, 1984No. 83-1583PublishedCited by 3 opinions

1Per curiam

Affirmed. We do not believe the trial court erred in denying appellant’s motion for post-conviction relief predicated on his counsel’s failure to advise him during the course of plea negotiations that the penalty he faced upon conviction could be enhanced. Initially, we note that appellant's *1036testimony reflects a complete lack of familiarity with the plea negotiations, so that the trial court would have had to speculate as to what appellant would have done had he been properly advised. Hence, appellant has failed to meet the strict requirements set out in Knight v. State, 394 So.2d 997…

2Cases cited3 opinions

  1. Knight v. StateSupreme Court of Florida · 1981
  2. Glimmert Beckham v. Louie L. Wainwright, Secretary, Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
  3. Castro v. StateDistrict Court of Appeal of Florida · 1982

3Cited by3 opinions

  1. Rosa v. StateDistrict Court of Appeal of Florida · 1998
  2. STATE OF FLORIDA vs JASON SCOTT DOWNSDistrict Court of Appeal of Florida · 2023
  3. STATE OF FLORIDA v. JASON SCOTT DOWNSDistrict Court of Appeal of Florida · 2023

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