FRANK BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Frank Brown appealed the summary denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel and an involuntary guilty plea based on counsel's alleged misrepresentation that sentencing would not exceed seven years. The appellate court found merit to this allegation and reversed, remanding for an evidentiary hearing.
The court held that Brown's allegation of ineffective assistance of counsel related to an involuntary guilty plea has merit and may entitle him to relief. The trial court erred in summarily denying the motion without an evidentiary hearing and without attaching record portions that conclusively refute the allegations.
[1] A guilty plea may be involuntary and entitle a defendant to postconviction relief if counsel misrepresents the sentencing exposure, leading the defendant to believe a les…
[2] A trial court must attach record portions that conclusively refute a defendant's allegations when summarily denying a motion for postconviction relief.
Previewing 2 of 5 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“Only one of the allegations in the motion has merit. Although worded inartfully, appellant appears to allege that he was denied effective assistance of counsel and thus, his guilty plea was involuntary because counsel led him to believe that the trial court would sentence him to no more than seven years' incarceration, the upper limit of the recommended guidelines range.”
Establishes the core allegation of ineffective assistance of counsel related to misrepresentation about sentencing.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBrown entered a guilty plea after allegedly being told by his counsel that the trial court would sentence him to no more than seven years incarceratio…
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PER CURIAM.
Appellant challenges the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Only one of the allegations in the motion has merit. Although worded inartfully, appellant appears to allege that he was denied effective assistance of counsel and thus, his guilty plea was involuntary because counsel led him to believe that the trial court would sentence him to no more than seven years’ incarceration, the upper limit of the recommended guidelines range. He further contends that the state agreed to a guidelines sentence in exchange for his guilty plea. Instead, the trial court imposed consecutive sentences totalling sixty years’ incarceration. If this allegation is true, then appellant might be entitled to relief. See Anfield v. State, 576 So. 2d 388 (Fla. 2d DCA 1991); Sawyers v. State, 566 So. 2d 942 (Fla. 2d DCA 1990). The trial court denied the motion without an evidentiary hearing, but failed to attach portions of the record that conclusively refute appellant’s allegation.
Accordingly, we reverse the order denying appellant’s motion and remand the case to the trial court. On remand, unless the case files and records conclusively show that appellant is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute appellant’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.
DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.
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Citator
Cited By
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McCOY v. State, 598 So. 2d 169 (Fla. 1st DCA 1992)…would not have been entered but for his attorney’s advice. See Shaffner v. State, 562 So. 2d 430 (Fla. 1st DCA 1990). See also Jones v. State, 589 So. 2d 1023 (Fla. 4th DCA 1991); Lampkin v. State, 589 So. 2d 458 (Fla. 5th DCA 1991); Brown v. State, 588 So. 2d 658 (Fla. 2d DCA 1991); Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991); Colon v. State, 586 So. 2d 1305 (Fla. 2d DCA 1991). Similarly, a defendant’s allegation that his attorney failed to [*171] consider a voluntary intoxication defense although a…
Authorities Cited
- Sawyers v. State, 566 So. 2d 942 (Fla. 2d DCA 1990)
- Anfield v. State, 576 So. 2d 388 (Fla. 2d DCA 1991)