JAMES HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Howard appeals the lower court’s summary denial of his motion for post-conviction relief filed pursuant to Florida Rules of Criminal Procedure 3.850. In his motion, Howard alleges first, that his sentence was imposed in violation of a plea agreement which had previously been accepted by the trial court, thus rendering his guilty plea involuntary; and second, that the assistant public defender, who was standing-in at sentencing for Howard’s absent counsel, rendered ineffective assistance in failing to object to the allegedly improper sentence. We find these allegations legally sufficient. See, Rice v. State, 400 So. 2d 461 (Fla. 5th DCA 1980); Knight v. State, 394 So. 2d 997 (Fla.1981).
Accordingly, the lower court was required to attach those portions of the files and records which conclusively show that Howard is entitled to no relief, or to hold an evidentiary hearing on the motion. Fla.R. Crim.P. 3.850. The court having failed to do so, this case is REVERSED and REMANDED for proceedings consistent with the rule and this opinion.
ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.
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Chapman v. State, 442 So. 2d 1024 (Fla. 5th DCA 1983)…Knowledge of the rules of evidence and basic procedure is required in order to provide effective assistance of counsel. Torna v. Wainwright, 649 F. 2d 290 (5th Cir.1981); Hopkins v. State, 413 So. 2d 443 (Fla. 3d DCA 1982); see also Howard v. State, 417 So. 2d 1152 (Fla. 1st DCA 1982). Finally, this deficiency clearly resulted in prejudice to Chapman, since he was convicted of the higher offense which would have been barred had the defense been properly asserted. Under these circumstances it is not possible fo…
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Adams v. State, 461 So. 2d 990 (Fla. 1st DCA 1984)…nied the motion, attaching copies of the judgments and sentences entered against Adams. An allegation of imposition of sentence in violation of an accepted plea agreement is a legally sufficient basis for relief by a 3.850 motion. Howard v. State, 417 So. 2d 1152, 1153 (Fla. 1st DCA 1982). When legally sufficient grounds are stated in the motion, the court must either attach “copies of that portion of the files and records which conclusively show that the prisoner is entitled to no relief,” Rule 3.850, or ho…
Authorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Rice v. State, 400 So. 2d 461 (Fla. 5th DCA 1980)