JOHN A. MUSCHETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Muschett appealed the denial of his Rule 3.850 post-conviction motion claiming his guilty plea to attempted murder was involuntary and his trial counsel provided ineffective assistance based on alleged misrepresentations about gain time and control release consequences. The court affirmed the denial on most grounds but reversed and remanded two specific grounds—the involuntary plea and ineffective assistance claims—because they required further inquiry into whether counsel misled him about sentencing consequences.
The court held that such post-conviction motions alleging involuntary pleas or ineffective assistance based on misleading gain time advice cannot be summarily dismissed without a hearing unless the record conclusively shows the allegations are meritless. Accordingly, the denial of Muschett's motion on these two grounds was reversed and remanded for attachment of record evidence conclusively refuting the claims or for an evidentiary hearing.
[1] A guilty plea may be rendered involuntary and unintelligent if counsel provides misleading advice regarding gain time and control release consequences.
[2] A motion for post-conviction relief alleging a guilty plea was induced by mistaken or misleading advice of counsel regarding gain time cannot be summarily dismissed witho…
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Join FLexlaw to unlock all legal intelligence“Motion for post-conviction relief which affirmatively alleges that plea of guilty was induced in reliance on mistaken or misleading advice of counsel respecting gain time cannot be summarily dismissed, absent record evidence conclusively refuting such allegation”
Establishes the standard that post-conviction motions alleging involuntary pleas due to gain time misrepresentations require either record evidence refuting the claims or an evidentiary hearing
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMuschett entered a guilty plea to attempted murder. He subsequently filed a Rule 3.850 post-conviction relief motion alleging that his trial counsel m…
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PER CURIAM.
We affirm with respect to all grounds raised in this appeal from denial without hearing of a 3.850 motion, except two. The two grounds that require further inquiry are those alleging that appellant’s guilty plea was involuntary and unintelligent and that appellant’s trial counsel provided ineffective assistance. Both grounds are based on the allegation that counsel misled appellant regarding the gain time and control release consequences of his plea to attempted murder. We remand for attachment of those parts of the record, if any, which conclusively show that the grounds are without merit, or for an evidentiary hearing. See Middleton v. State, 603 So. 2d 46 (Fla. 1st DCA 1992) (Motion for post-conviction relief which affirmatively alleges that plea of guilty was induced in reliance on mistaken or misleading advice of counsel respecting gain time cannot be summarily dismissed, absent record evidence conclusively refuting such allegation); Corbitt v. State, 584 So. 2d 231 (Fla. 5th DCA1991) (Defendant is entitled to evidentiary hearing on his post-conviction relief motion wherein he claimed his guilty plea was rendered involuntary by allegedly false advice of trial counsel regarding eligibility for gain time); Lundgren v. State, 581 So. 2d 206 (Fla. 1st DCA1991) (Defendant was entitled to withdraw guilty plea where counsel made mistaken representations as to defendant’s entitlement to accrue gain time); Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA1990) (Denial of 3.850 motion reversed and remanded for either attachment of portions of file and records conclusively showing appellant was not entitled to relief, or for further proceedings, respecting grounds of involuntariness of plea and ineffective assistance of counsel, where counsel allegedly erroneously informed appellant he would be eligible for statutory gain time); Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA1990) (Voluntary character of plea may be undercut by erroneous advice regarding gain time and similar provisions); Ramsey v. State, 408 So. 2d 675 (Fla. 4th DCA1981), rev. denied, 415 So. 2d 1361 (Fla.1982) (Defendant was entitled to evidentiary hearing on motion to vacate judgment and sentence where change of plea to no contest was predicated upon trial counsel’s erroneous advice that sentence to be imposed would not require defendant to spend three years in prison before being paroled or being eligible for good time consideration).
Accordingly, we reverse and remand for further proceedings consistent with this opinion.
WARNER and POLEN, JJ„ and OWEN, WILLIAM C., JR., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rackley v. State, 571 So. 2d 533 (Fla. 1st DCA 1990)
- Tarpley v. State, 566 So. 2d 914 (Fla. 2d DCA 1990)
- Corbitt v. State, 584 So. 2d 231 (Fla. 5th DCA 1991)
- Ramsey v. State, 408 So. 2d 675 (Fla. 4th DCA 1981)
- Leonard v. State, 603 So. 2d 46 (Fla. 4th DCA 1992)
- Lundgren v. State, 581 So. 2d 206 (Fla. 1st DCA 1991)