Moreland v. State
Annotate this Case
Download PDF
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 EMMANUEL MORELAND, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-3551 [December 20, 2006] PER CURIAM. We affirm the trial court s summary denial of appellant Emmanuel Moreland s motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However, we affirm without prejudice on claim 8 only, insofar as appellant has alleged that his pleas were involuntary due to the failure of the trial court and defense counsel to advise him that he had the right to seek sentencing as a youthful offender under section 958.04(1), Fla. Stat. See generally Croskey v. State, 601 So.2d 1326 (Fla. 2d DCA 1992); Taylor v. State, 534 So.2d 1181 (Fla. 4th DCA 1988). Affirmance of the summary denial of this claim is without prejudice to appellant s right to refile a timely and verified motion for post conviction relief which alleges whether appellant actually qualified for youthful offender sentencing under the statute, addressing all of the criteria of section 958.04(1), Florida Statutes. POLEN, FARMER and KLEIN, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 05-6036 CFA02. Emmanuel Moreland, Jasper, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
