SYLVESTER WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Sylvester Williams appealed the denial of his motion for post-conviction relief, arguing the trial court erred by failing to appoint counsel to represent him at the evidentiary hearing on his claim that his guilty plea was involuntary due to a sentencing disparity. The appellate court affirmed the denial while certifying a significant question to the Florida Supreme Court regarding whether appointed counsel is mandatory or discretionary at post-conviction evidentiary hearings.
The appellate court held that, given the circumstances of this case where the legal issue was not complex and no substantial legal research was needed, the trial court did not abuse its discretion in failing to appoint counsel. However, the court certified a question to the Florida Supreme Court regarding whether appointed counsel is mandatory or discretionary at such evidentiary hearings.
[1] A trial court does not abuse its discretion in failing to appoint counsel for an evidentiary hearing on a post-conviction relief motion when the issues are not complex an…
[2] The appointment of counsel for an indigent defendant at an evidentiary hearing on a motion for post-conviction relief may be mandatory or discretionary, depending on the…
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Join FLexlaw to unlock all legal intelligence“We hold that given the circumstances of this case, where the issue was not complex and there was no need for substantial legal research, the trial court did not abuse its discretion in failing to appoint counsel to represent appellant at the evidentiary hearing.”
The court's holding on the discretionary nature of counsel appointment in non-complex post-conviction cases.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilliams was charged with first-degree murder but entered a negotiated guilty plea to second-degree murder with a firearm. He was adjudicated guilty a…
The full statement of facts, procedural history, and disposition for this case are member content.
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JOANOS, Judge.
This is an appeal from a denial of a motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. As ground for relief appellant alleged that the trial court erred in failing to appoint counsel to represent him at the evidentiary hearing held on his motion for post-conviction relief. We affirm. After being charged with first degree murder, appellant entered a negotiated plea of guilty to a charge of second degree murder with a firearm. Following entry of his negotiated plea, appellant was adjudicated guilty of second degree murder and was sentenced to a life term. Appellant’s motion for post-conviction relief alleged essentially that his plea was involuntary because it was entered with appellant’s understanding that his sentence would be three years, but instead he was sentenced to life.
The trial court ordered an evidentiary hearing on appellant’s motion. Appellant was present at the hearing and was afforded an opportunity to examine all witnesses — both those witnesses who appeared on his behalf, and the state’s witnesses. In addition, appellant testified in his own behalf.
We hold that given the circumstances of this case, where the issue was not complex and there was no need for substantial legal research,1 the trial court did not abuse its discretion in failing to appoint counsel to represent appellant at the evidentiary hearing. Nevertheless, believing the issue to be one of great public importance, we certify the following question to the Florida Supreme Court:
WHEN A TRIAL COURT HAS DETERMINED THAT IT IS NECESSARY TO HOLD AN EVIDENTIARY HEARING ON ALLEGATIONS RAISED IN A MOTION FOR POST-CONVICTION RELIEF, IS COURT-APPOINTED COUNSEL FOR AN INDIGENT DEFENDANT MANDATORY OR IS SUCH APPOINTMENT PROPERLY LEFT TO THE DISCRETION OF THE TRIAL COURT?
AFFIRMED.
SMITH and ZEHMER, JJ., concur. "The adversary nature of the proceeding, its complexity, the need for an evidentiary hearing, or the need for substantial legal research are all important elements which may require the appointment of counsel.”
. Graham v. State, 372 So. 2d 1363, 1366 (Fla.1979)—
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Citator
Cited By
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Williams v. State, 472 So. 2d 738 (Fla. 1985)…EHRLICH, Justice. This cause is before the Court for response to a question certified as being of great public importance pursuant to jurisdiction granted in article V, section 3(b)(4), Florida Constitution. The case below is reported at 455 So. 2d 543 (Fla. 1st DCA 1984). Petitioner was charged with first-degree murder, but entered a negotiated plea to second-degree murder with a firearm. He was sentenced to life with a three-year minimum mandatory sentence because of the firearm. Petitioner la…
Authorities Cited
- The Petition of Andrew A. Graham v. State, 372 So. 2d 1363 (Fla. 1979)