WILSON L. GINWRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the appellant's postconviction motion regarding ineffective assistance of counsel for failing to explain a plea offer, requiring either an evidentiary hearing or attachment of record refuting the claim.
[1] A defendant's allegation that trial counsel failed to explain the consequences of a plea offer and denied the defendant the opportunity to make an informed decision about…
[2] A trial court must either conduct an evidentiary hearing or attach record portions conclusively refuting the allegations when ruling on a postconviction motion alleging i…
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Join FLexlaw to unlock all legal intelligenceAppellant, convicted of second-degree murder, alleged his trial counsel failed to explain the consequences of a manslaughter plea offer, denying him a…
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OTT, Acting Chief Judge.
Appellant appeals the lower court’s summary denial of his postconviction motion, pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part, reverse in part, and remand.
In his motion, appellant alleged six instances of ineffective assistance of trial counsel. We find merit in only one allegation.
Appellant went to trial on a charge of second-degree murder and was found guilty by a jury. In his postconviction motion he alleges that during the course of his trial the prosecution offered to accept a plea of guilty to the lesser charge of manslaughter. Appellant further alleged that his attorney never explained the consequences of this possible plea nor took the necessary time to allow him (appellant) to make this decision. In effect, appellant claims that counsel denied him the information and opportunity to make a voluntary and informed rejection of a plea bargain offer. Appellant’s allegations, if true, may be found by a trier of fact to constitute a substantial omission by defense counsel. See Morgan v. State, Case No. 63,679 (Fla. Sept. 27, 1984); Knight v. State, 394 So. 2d 997 (Fla.1981). The trial court failed to conduct an evidentiary hearing or attach portions of the record which refute the allegations. Accordingly, the trial court’s denial of appellant’s motion, as to this allegation, is reversed and the case is remanded to the trial court.
The trial court may either again summarily deny the motion and attach to its order those portions of the record which show conclusively that appellant is not entitled to relief, or hold an evidentiary hearing and then rule on the allegations presented in the motion. Hatpin v. State, 428 So. 2d 703 (Fla. 2d DCA 1983).
We affirm the trial court’s summary denial of the other allegations in appellant’s motion. We reverse the order with respect to the allegation discussed above, and remand for proceedings consistent with this opinion.
AFFIRMED IN PART, REVERSED IN PART, and REMANDED.
FRANK, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
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Cottle v. State, 733 So. 2d 963 (Fla. 1999)…647 So. 2d 185, 186 (Fla. 1st DCA 1994) (finding the foregoing elements stated “colorable ground for relief’); Majors v. State, 645 So. 2d 1110, 1110 (Fla. 1st DCA 1994) (finding a “sufficient” basis for an evidentiary hearing); Ginwright v. State, 466 So. 2d 409, 410 (Fla. 2d DCA 1985) (remanding because the “allegations, if true, may be found by a trier of fact to constitute a substantial omission by defense counsel”); Young v. State, 625 So. 2d 906 (Fla. 2d DCA 1993); Martens v. State, 517 So. 2d 38, 39 (…
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Young v. State, 608 So. 2d 111 (Fla. 5th DCA 1992)…ts of a plea bargain offered by the state may warrant relief to a criminal defendant. Davis v. State, 559 So. 2d 630 (Fla. 4th DCA 1990); Martens v. State, 517 So. 2d 38 (Fla. 3d DCA 1987), rev. denied, 525 So. 2d 879 (Fla.1988); Ginwright v. State, 466 So. 2d 409 (Fla. 2d DCA 1985). See also Turner v. Tennessee, 858 F. 2d 1201 (6th Cir.1988), vacated on other grounds, 492 U.S. 902, 109 S.Ct. 3208, 106 L.Ed.2d 559 (1989); Johnson v. Duckworth, 793 F. 2d 898 (7th Cir.), cert. denied, 479 U.S. 937, 107 S.Ct. 41…1 / 2
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White v. State, 731 So. 2d 74 (Fla. 2d DCA 1999)…. We have found no reported Florida decision addressing counsel’s failure to convey the client’s acceptance of a plea offer to the State, but we conclude that such an omission can constitute ineffective assistance of counsel. Cf. Ginwright v. State, 466 So. 2d 409 (Fla. 2d DCA 1985) (denying defendant information and opportunity to make voluntary and informed rejection of plea bargain offer may constitute substantial omission by defense counsel). In this respect, then, White stated a facially sufficient claim…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Halpin v. State, 428 So. 2d 703 (Fla. 2d DCA 1983)