Smith v. State, 884 So. 2d 316 (Fla. 2d DCA 2004). · Go Syfert
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Smith v. State, 884 So. 2d 316 (Fla. 2d DCA 2004). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2009 · …misrepresentations or mistaken advice by counsel concerning the length of the defendant's sentence ⚠ not in text
59 citation events (59 in the last 25 years) across 2 distinct courts.
Strongest positive: Sheppard v. State (fla, 2009-08-27) · Strongest negative: Sheppard v. State (fladistctapp, 2008-07-16)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
examined Cited "but see" Sheppard v. State (4×) also: Cited as authority (rule), Cited "see", Cited as authority (verbatim quote)
Fla. Dist. Ct. App. · 2008 · signal: but see · 1 verbatim quote · confidence high
one of the benefits of rule 3.170( l ) is that it provides the defendant with the right to seek to withdraw a plea at a time when the defendant is still represented by counsel.
examined Cited as authority (rule) Sheppard v. State (4×) also: Cited "see"
Fla. · 2009 · confidence medium
Thus the motion should have been stricken because "[a] rule 3.170( l ) motion to withdraw plea filed by a criminal defendant who is represented by counsel is a nullity, unless the defendant makes an unequivocal request to discharge counsel." King v. State, 939 So.2d 1196, 1196 (Fla. 2d DCA 2006) (citing Johnson v. State, 932 So.2d 1169, 1170 (Fla. 2d DCA 2006), Grainger v. State, 906 So.2d 380, 382 (Fla. 2d DCA 2005), and Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004)).
discussed Cited as authority (rule) Serrano v. State (2×)
Fla. Dist. Ct. App. · 2009 · confidence medium
See Logan v. State, 846 So.2d 472, 479 (Fla.2003); Mourra v. State, 884 So.2d 316, 320-21 (Fla. 2nd DCA 2004).
discussed Cited as authority (rule) Christiansen v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
See Sheppard v. State, 988 So.2d 74, 79 (Fla. 2d DCA July 16, 2008) (certifying conflict with Bermudez v. State, 901 So.2d 981 (Fla. 4th DCA 2005), and Peterson v. State, 881 So.2d 1129 (Fla. 4th DCA 2004)), review granted, No. SC08-1452, 990 So.2d 1060 , 2008 WL 4551389 (Fla. Sept. 29, 2008) (table); Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004); see also McClelland v. State, 33 Fla. L.
cited Cited as authority (rule) McClelland v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
See Sheppard v. State, 988 So.2d 74, 79 (Fla. 2d DCA 2008); Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004).
discussed Cited as authority (rule) Jones v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
See, e.g., Kerney v. State, 945 So.2d 657, 658-59 (Fla. 2d DCA) ("Where a defendant is represented by counsel, a motion to withdraw a plea is a nullity and should be stricken unless the motion includes an unequivocal request to discharge counsel."), review denied, 965 *678 So.2d 122 (Fla.2007); Johnson v. State, 932 So.2d 1169, 1170 (Fla. 2d DCA 2006); Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004).
discussed Cited as authority (rule) Loveless v. State
Fla. Dist. Ct. App. · 2007 · confidence medium
"Pro se pleadings filed by a criminal defendant who is represented by counsel are generally treated as a nullity unless they include an unequivocal request to discharge counsel, Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004), assert that counsel coerced the defendant into taking certain action, Peterson v. State, 881 So.2d 1129 (Fla. 4th DCA 2004), or reflect an adversarial relationship between the defendant and his counsel, Bermudez v. State, 901 So.2d 981 (Fla. 4th DCA 2005).” Vasquez, 956 So.2d at 494 , quoting Whiting v. State, 929 So.2d 673, 674-75 (Fla. 5th DCA 2006).
discussed Cited as authority (rule) Haber v. State
Fla. Dist. Ct. App. · 2007 · confidence medium
The trial court struck the motion on the ground that Mr. Haber was represented by an attorney and did not request withdrawal of counsel, citing Sharp v. State, 884 So.2d 510, 511-12 (Fla. 2d DCA 2004), and Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004).
discussed Cited as authority (rule) Vasquez v. State
Fla. Dist. Ct. App. · 2007 · confidence medium
This Court has recognized limited exceptions to this general rule: Pro se pleadings filed by a criminal defendant who is represented by counsel are generally treated as a nullity unless they include an unequivocal request to discharge counsel, Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004), assert that counsel coerced the defendant into taking certain action, Peterson v. State, 881 So.2d 1129 (Fla. 4th DCA 2004), or reflect an adversarial relationship between the defendant and his counsel, Bermudez v. State, 901 So.2d 981 (Fla. 4th DCA 2005).
cited Cited as authority (rule) King v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
Johnson v. State, 932 So.2d 1169, 1170 (Fla. 2d DCA 2006); Grainger v. State, 906 So.2d 380, 382 (Fla. 2d DCA 2005); Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004).
cited Cited as authority (rule) Whiting v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004).
discussed Cited as authority (rule) Purnell v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2006 · confidence medium
We recently stated in Mourra v. State, 884 So.2d 316, 320-21 (Fla. 2d DCA 2004): [A] defendant does not have a constitutional right to "hybrid" representation— that is, to be represented both by counsel and by himself.
cited Cited as authority (rule) Murray v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
Mourra, 884 So.2d at 319 (emphasis added) (citations omitted).
discussed Cited "see" DERRICK V. HOSKIN v. THE STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · signal: see · confidence high
See Mourra v. State, 884 So. 2d 316, 319 (Fla. 2d DCA 2004), abrogated on other grounds by Sheppard v. State, 17 So. 3d 275 (Fla. 2009) (observing that the Florida Supreme Court adopted rule 3.170(l) in an effort to implement the Florida Legislature’s Criminal Appeal Reform Act of 1996, and noting that a rule 3.170(l) motion was intended to occur as a part of the initial criminal proceedings and direct appeal, when a defendant still has a right to counsel). 5 3.850 motion to vacate plea based on alleged involuntariness of plea); Tatum v. State, 27 So. 3d 700 (Fla. 3d DCA 2010) (same); Miller…
cited Cited "see" Escobar v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316, 319 (Fla. 2d DCA 2004), abrogated by Sheppard v. State, 17 So.3d 275 (Fla.2009).
cited Cited "see" Golden v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316, 319 (Fla. 2d DCA 2004); Garcia v. State, 846 So.2d 660, 661 (Fla. 2d DCA 2003).
cited Cited "see" Williams v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316 (Fla. 2d DCA 2004); Whiting v. State, 929 So.2d 673 (Fla. 5th DCA 2006).
cited Cited "see" Forte v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316 (Fla. 2d DCA 2004).
cited Cited "see" Garza v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Smith v. State, 884 So.2d 316 (Fla. 2d DCA 2004).
cited Cited "see" Defontes v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316 (Fla. 2d DCA 2004); Barnhill v. State, 828 So.2d 405 (Fla. 5th DCA 2002).
cited Cited "see" Cunningham v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA), review denied, 891 So.2d 552 (Fla.2004).
cited Cited "see" Montague v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Smith v. State, 884 So.2d 316 (Fla. 2d DCA 2004).
discussed Cited "see" Johnson v. State (2×)
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004).
discussed Cited "see" Marsh v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316, 321 (Fla. 2d DCA 2004)(holding that pleadings filed by a criminal defendant who is represented by counsel are generally treated as a nullity), *541 review denied, 891 So.2d 552 (Fla.2004); Logan v. State, 846 So.2d 472 (Fla. 2003)(same).
cited Cited "see" Rivera v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Smith v. State, 884 So.2d 316 (Fla. 2d DCA 2004).
cited Cited "see" Grainger v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316 (Fla. 2d DCA 2004).
cited Cited "see" Bayer v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Mourra v. State, 884 So.2d 316 (Fla. 2d DCA 2004).
Retrieving the full opinion text from the archive…
Bennie Frank SMITH, Appellant,
v.
STATE of Florida, Appellee.
2D04-2465.
District Court of Appeal of Florida, Second District.
Sep 1, 2004.
884 So. 2d 316
2004 WL 1932778
Northcutt.
Cited by 3 opinions  |  Published

NORTHCUTT, Judge.

We affirm the summary denial of Bennie Frank Smith's motion for jail credit without prejudice to his refiling a motion for postconviction relief showing entitlement to additional jail time credit pursuant to Gethers v. State, 838 So.2d 504 (Fla.2003) ("Only if the prisoner is subject to release but is being held because a detainer has been lodged can it be said that the prisoner is in custody pursuant to the detainer."). Such motion must "affirmatively allege[ ] that the court records demonstrate on their face an entitlement to that relief." See Fla. R.Crim. P. 3.800(a).

Affirmed.

ALTENBERND, C.J., and COVINGTON, J., Concur.