MICHAEL NIEMI
v.
STATE OF FLORIDA
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Michael Niemi, a convicted sex offender, appealed the summary denial of his 3.850 postconviction motion. The court reversed and remanded because the trial court's denial order did not conclusively refute his claim that trial counsel failed to inform him of a 48-hour defense to his failure-to-register charge.
The court reversed and remanded because the record attachments to the postconviction court's denial order did not conclusively refute Niemi's claim that his trial counsel failed to provide adequate advice regarding the 48-hour defense.
[1] A postconviction court must attach record documents that conclusively refute a defendant's claim for relief or hold an evidentiary hearing.
[2] A defendant's claim that trial counsel failed to inform him of a potential defense may warrant postconviction relief.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Concluding that the record attachments to the postconviction court's denial order do not conclusively refute Niemi's sole claim for relief, we reverse and remand for further proceedings.”
States the core holding that summary denial was improper because the record did not conclusively refute the postconviction claim.
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Join FLexlaw to unlock all legal intelligenceNiemi, a sex offender required by law to report certain activities to the Department of Highway Safety and Motor Vehicles within 48 hours of reporting…
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PER CURIAM.
Michael Niemi appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. Concluding that the record attachments to the postconviction court’s denial order do not conclusively refute Niemi’s sole claim for relief, we reverse and remand for further proceedings.
Niemi is a sex offender. Section 943.0435(2) and (3), Florida Statutes (2018), required him to report certain activities to the Department of Highway Safety and Motor Vehicles (“Department”) within 48 hours of reporting those same activities to the local sheriff. In charging Niemi, the State alleged that he failed to comply with his reporting requirement to the Department.
With the advice of counsel, Niemi entered a plea of no contest to the charge and was sentenced to 48 months in prison. In his postconviction motion, Niemi alleged that he was arrested before the 48-hour period expired for him to register. He asserts that his trial counsel never informed him that, if true, he would have a defense to the charged crime.
In summarily denying Niemi’s postconviction motion, the trial court focused on matters that were relevant to his alleged probation violation, but not matters relevant to the failing to report/register charge. The trial court did not, and likely could not, from the face of the record, determine what advice the trial counsel provided Niemi. We reverse and remand for either the attachment of documents to conclusively refute Niemi’s claim or an evidentiary hearing.
REVERSED and REMANDED.
ORFINGER, COHEN and EISNAUGLE, JJ., concur. 2