ROMAN JAIME DUQUESNE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed conviction where trial counsel failed to pursue speedy trial rights and the plea colloquy failed to establish knowing and voluntary waiver of defendant's rights.
A defendant is entitled to relief under Rule 3.850 when counsel fails to pursue speedy trial rights and the record demonstrates the plea was not entered with knowing waiver of constitutional rights.
[1] A plea of guilty is not a knowing and voluntary waiver of constitutional rights when the trial court fails to ensure the defendant understands mandatory minimum sentencin…
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Join FLexlaw to unlock all legal intelligence“The defendant: I didn't hear the mandatory. I will not accept—”
During sentencing colloquy, defendant expressed lack of understanding and rejection of the mandatory minimum sentence imposed by the court.
DuQuesne pleaded guilty and was sentenced to five years in prison with a mandatory minimum. At sentencing, DuQuesne expressed confusion about the mand…
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BASKIN, Judge.
Defendant DuQuesne appeals the trial court’s denial of his motion to vacate judgment and sentence filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. After reviewing the record and the state’s response, we conclude that the record fails to refute defendant’s allegations of ineffective assistance of counsel based on counsel’s failure to pursue defendant’s speedy trial rights. In addition, the trial court failed to attach portions of the record demonstrating compliance with appropriate plea colloquy requirements. Fla. R.Crim.P. 3.170©, 3.172(c), 3.850. The excerpt of the plea in the record discloses that defendant’s consent to the entry of the plea was not a knowing waiver of his rights.1
Reversed and remanded for further proceedings.
. The record reflects:
THE COURT: Accordingly, the court adjudicates you guilty, Mr. Duquesne. You are sentenced, pursuant to your plea, to five years in the State Penitentiary, minimum mandatory requirement, with credit for time served. THE DEFENDANT: What do you mean mandatory? THE COURT: The law requires a minimum mandatory of five years which your lawyer discussed with you. THE DEFENDANT: No. THE COURT: You did not discuss it? THE DEFENDANT: I didn’t hear the mandatory. I will not accept— THE COURT: Do you understand that, sir? THE DEFENDANT: Yes, I do. THE COURT: That’s it. Case closed.