Mogford v. State

District Court of Appeal of Florida

Mogford v. State

883 So. 2d 340, 2004 Fla. App. LEXIS 13657, 2004 WL 2049746

CourtDistrict Court of Appeal of Florida

DecidedSeptember 15, 2004

DocketNo. 4D03-3735

StatusPublished

This text of 883 So. 2d 340 (Mogford v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mogford v. State, 883 So. 2d 340, 2004 Fla. App. LEXIS 13657, 2004 WL 2049746 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

Appellant’s 3.850 motion for post-conviction relief, which was summarily denied, asserted that his counsel was ineffective for having misadvised him as to the maximum sentence he could receive and other things which induced him to plead guilty. Attached to his motion was his trial counsel’s response to the complaint appellant made to the Florida Bar. Counsel’s response refuted appellant’s allegations of misadvise; however, the response, which was not sworn, was not part of the record. Accordingly, the court should not have relied on the response to refute appellant’s factual allegations. Gholston v. State, 648 So.2d 192 (Fla. 1st DCA 1994); Flores v. State, 662 So.2d 1350 (Fla. 2d DCA 1995). Reversed.

WARNER, POLEN and KLEIN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant’s 3.850 motion for post-conviction relief, which was summarily denied, asserted that his counsel was ineffective for having misadvised him as to the maximum sentence he could receive and other things which induced him to plead guilty. Attached to his motion was his trial counsel’s response to the complaint appellant made to the Florida Bar. Counsel’s response refuted appellant’s allegations of misadvise; however, the response, which was not sworn, was not part of the record. Accordingly, the court should not have relied on the response to refute appellant’s factual allegations. Gholston v. State, 648 So.2d 192 (Fla. 1st DCA 1994); Flores v. State, 662 So.2d 1350 (Fla. 2d DCA 1995). Reversed.

WARNER, POLEN and KLEIN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

883 So. 2d 340, 2004 Fla. App. LEXIS 13657, 2004 WL 2049746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mogford-v-state-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack