RYAN EUGENE SEVERE
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Trial counsel's advice not to accept a renewed plea offer after mistrial constitutes ineffective assistance when counsel fails to explain that the defendant's entrapment defense had no likelihood of success on retrial, requiring an evidentiary hearing on that claim.
[1] On appeal from summary denial of a Rule 3.850 motion for postconviction relief, a trial court must accept the defendant's sworn factual allegations as true when the recor…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceRyan Eugene Severe was retried after his first trial resulted in a mistrial and received a renewed plea offer from the State. Severe claims his trial …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse De Novo Appellate Review cases and more on FLexlaw
SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 6D2024-2818 Lower Tribunal No. 2019-CF-006071
RYAN EUGENE SEVERE, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. Catherine L. Combee, Judge.
April 10, 2026
PER CURIAM.
Ryan Eugene Severe appeals the summary denial of his nine-ground motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Our review is de novo, and we must accept Severe's factual allegations as true to the extent the record does not refute them. See Occhicone v. State, 768 So. 2d 1037, 1041 (Fla. 2000); Chambers v. State, 363 So. 3d 1214, 1215 (Fla. 6th DCA 2023). Here, Severe swore his trial counsel acted ineffectively when he counseled Severe not to accept the State of Florida's renewed plea offer after his first trial ended in a mistrial. Severe contends his trial counsel failed to explain his entrapment defense had no likelihood of success on retrial, and if he had, Severe would have accepted the State's offer. Because the record does not refute this sworn contention, we remand for an evidentiary hearing on the portion of ground one relating to his second trial. See Fla. R. App. P. 9.141(b)(2)(D). We affirm in all other respects.
AFFIRMED in part; REVERSED in part; and REMANDED.
TRAVER, C.J., and KAMOUTSAS and PRATT, JJ., concur. Ryan Eugene Severe, Milton, pro se.
James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Severe v. State (Fla. 6th DCA 2026)…to Florida Rule of Criminal Procedure 3.850. Our review is de novo, and we must accept Severe's factual allegations as true to the extent the record does not refute them. See Occhicone v. State, 768 So. 2d 1037, 1041 (Fla. 2000); Chambers v. State, 363 So. 3d 1214, 1215 (Fla. 6th DCA 2023). Here, Severe swore his trial counsel acted ineffectively when he counseled Severe not to accept the State of Florida's renewed plea offer after his first trial ended in a ---PAGE 2--- mistrial. Severe contends his trial c…
Authorities Cited
- Occhicone v. State, 768 So. 2d 1037 (Fla. 2000)
- Severe v. State (Fla. 6th DCA 2026)