RONALD MATTHEWS, 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.
The appellate court affirmed the denial of postconviction relief because the motion was deficient for failing to allege the defendant would not have pleaded guilty if given correct information.
Appellant sought postconviction relief, alleging his attorney provided misinformation about his prison sentence, leading to a coerced plea.…
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 Reliance On Advice Of Counsel cases and more on FLexlaw
WOLF, Judge.
Matthews appeals from an order summarily denying his motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant alleged in his motion that he received ineffective assistance of counsel in that his plea was coerced as a result of misinformation provided by his attorney concerning the length of time he would spend in prison. There was no specific allegation that had counsel given him the correct information, he would not have entered the plea. Without this allegation, the petition was deficient. Thompson v. State, 599 So. 2d 244 (Fla. 1st DCA 1992).
Since appellant may be able to properly allege reliance on the advice of counsel, our affirmance is without prejudice to appellant pursuing a subsequent 3.850 motion on the grounds of ineffective trial counsel as a result of counsel’s alleged misrepresentations. Marsh v. State, 581 So. 2d 653 (Fla. 4th DCA 1991).1
SMITH, J., concurs.
ALLEN, J., concurs in result only.
. We specifically decline to address whether the written plea form sufficiently refutes the allegations of ineffective assistance of counsel. A more complete picture of the circumstances surrounding the plea may be provided if a transcript of the plea conference and any other pertinent documents were attached to the trial court’s order denying relief.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Days v. State, 637 So. 2d 66 (Fla. 1st DCA 1994)…not voluntary because of misinformation provided by his attorney concerning his eligibility for gaintime. There was no allegation by the appellant that he would not have entered the plea had he been given the correct information. Matthews v. State, 614 So. 2d 25 (Fla. 1st DCA 1993). Without this allegation, the petition is deficient. Id. at 26. Since appellant may be able to properly allege reliance on the incorrect advice of counsel, our affirmance is without prejudice to appellant to pursue a subsequent…
-
Fitolay Demesmin v. State, 730 So. 2d 1279 (Fla. 4th DCA 1999)…is, therefore, without prejudice to file a second motion, within the time remaining under rule 3.850, that includes a legally sufficient claim for relief on this additional ground. Days v. State, 637 So. 2d 66 (Fla. 1st DCA 1994); Matthews v. State, 614 So. 2d 25 (Fla. 1st DCA 1993). STEVENSON, GROSS and TAYLOR, JJ., concur.…
Authorities Cited
- Thompson v. State, 599 So. 2d 244 (Fla. 1st DCA 1992)
- Hamp Green v. State, 581 So. 2d 653 (Fla. 4th DCA 1991)