JOSEPH MONZON, PETITIONER,
v.
HARRY SINGLETARY, SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS, ETC., RESPONDENT
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Florida appellate court granted habeas corpus relief where appellate counsel failed to raise a double jeopardy challenge to dual convictions for murder with a firearm and firearm possession, vacating the firearm conviction while affirming the murder conviction.
Appellate counsel's failure to raise a double jeopardy objection to dual convictions for murder with a firearm and possession of a firearm constitutes ineffective assistance warranting habeas relief.
[1] Appellate counsel's failure to raise a double jeopardy objection to dual convictions for the same firearm offense constitutes ineffective assistance of counsel warranting…
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Join FLexlaw to unlock all legal intelligence“Dual convictions and sentences for murder with a firearm and improper exhibition of the same firearm are violative of the double jeopardy clause of the state and federal constitutions.”
Court citing Lamont v. State to establish the legal principle underlying the ineffective assistance claim.
Monzon was convicted of second degree murder with a firearm and possession of a firearm while engaged in a criminal offense, receiving sentences of se…
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PER CURIAM.
We grant Joseph Monzon’s petition for writ of habeas corpus. Monzon’s petition adequately asserts ineffective assistance of appellate counsel. We hold that he has suffered prejudice as a result of deficiencies in the performance of his appellate counsel. Meyer v. Singletary, 610 So. 2d 1329 (Fla. 4th DCA 1992), and is entitled to the relief he seeks.
Monzon was convicted of second degree murder with a firearm and possession of a firearm while engaged in a criminal offense. The trial court sentenced him to seventeen years imprisonment, with a mandatory minimum of three years, on the first count, and to fifteen years on the second count. “Dual convictions and sentences for murder with a firearm and improper exhibition of the same firearm are violative of the double jeopardy clause of the state and federal constitutions.” Lamont v. State, 597 So. 2d 823, 829 (Fla. 3d DCA), quashed on other grounds, 610 So. 2d 435 (Fla.1992). It is reasonable to conclude that counsel should have raised this issue on appeal. His failure to do so supports Monzon’s contention that counsel’s performance was deficient and prejudiced Mon-zon. Accordingly, we leave undisturbed Monzon’s conviction for second degree murder, but vacate the conviction and sentence for possession of a firearm and remand.
Writ of habeas corpus granted; conviction and sentence vacated.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dixon v. Singletary, 672 So. 2d 602 (Fla. 3d DCA 1996)….Ct. 2052, 80 L.Ed.2d 674 (1984)). The point should have been raised on appeal and, if it had, it would have been successful as it was entirely meritorious. Habeas corpus lies in this court to correct this constitutional error. Monzon v. Singletary, 619 So. 2d 527 (Fla. 3d DCA 1993). Thus, the firearm conviction should be removed from Dixon’s record and his sentence as to that charge vacated. Also, as the state concedes, Dixon is correct in asserting that in 1988, the year his offense was committed, the rule…
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Moorehead v. Singletary, 645 So. 2d 187 (Fla. 3d DCA 1994)…een raised on the prior appeal and, if it had, it would have been successful as it was entirely meritorious, Cleveland v. State, 587 So. 2d 1145 (Fla.1991); habeas corpus lies in this court to correct this constitutional error. Monzon v. Singletary, 619 So. 2d 527 (Fla. 3d DCA 1993). Accordingly, we grant, in part, the petitioner’s petition for a writ of habeas corpus, reverse the petitioner’s conviction and sentence on count 14 of the information, and remand the cause to the trial court with directions to…
Authorities Cited
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992)
- Meyer v. Singletary, 610 So. 2d 1329 (Fla. 4th DCA 1992)