Marhlau Beliziare, Appellant, v. The State of Florida, Appellee. (2024)

District Court of Appeal of Florida, Third District.

Marhlau Beliziare, Appellant, v. The State of Florida, Appellee.

No. 3D23-1717

Decided: July 10, 2024

Before EMAS, SCALES and BOKOR, JJ.

Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Affirmed. See Long v. State, 183 So. 3d 342 (Fla. 2016) (adopting two-pronged test, analogous to that of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), to determine whether a plea should be vacated based on a claim of newly-discovered evidence); Grosvenor v. State, 874 So. 2d 1176, 1181-82 (Fla. 2004) (“[I]n determining whether a reasonable probability exist that the defendant would have insisted on going to trial, a court should consider the totality of the circumstances surrounding the plea, including factors such as whether a particular defense was likely to succeed at trial, the colloquy between the defendant and the trial court at the time of the plea, and the difference between the sentence imposed under the plea and the maximum possible sentence the defendant faced at trial.”)

PER CURIAM.

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