ERIC STEARNS BARNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant's plea may be involuntary if induced by counsel's mistaken advice regarding sentencing.
Barney pleaded guilty based on counsel's advice that habitual felony offender sentencing was mandatory. The supreme court later ruled such sentencing …
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FULMER, Judge.
Eric Stearns Barney appeals the denial of his motion for postconviction relief asserting six grounds for reversal. Barney’s allegation that his plea was not voluntarily entered may have merit. We reverse and remand for further proceedings as to this issue only.
Barney claims that he entered his plea based upon trial counsel’s erroneous advice that sentencing as a habitual felony offender is mandatory. In light of the recent supreme court ruling that habitual felony offender sentencing is not mandatory, Burdick v. State, 594 So. 2d 267 (Fla.1992), Barney claims that he was misled and, as a result, he did not understand the consequences of his plea. If these allegations are true, Barney might be entitled to withdraw his plea. A defendant’s plea is involuntary where he is misled and induced to plead by his counsel’s mistaken advice. Shell v. State, 501 So. 2d 1334, 1336 (Fla. 2d DCA 1987).
Barney’s claim is facially sufficient and the order summarily denying the motion for postconviction relief is not supported with a copy of the plea form or any exhibits or reference to the record. Accordingly, we reverse the order denying postconvietion relief as to this issue. On remand, the trial court may either hold an evidentiary hearing to address Barney’s claim or attach those portions of the transcript and record that refute the claim. In all other respects the order denying the motion for postconviction relief is affirmed.
Affirmed in part, reversed in part, and remanded with instructions.
FRANK, C.J., and PATTERSON, J., concur.
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Reynolds v. State, 674 So. 2d 180 (Fla. 2d DCA 1996)…n September of 1986, five years prior to the commission of his new crim.es, the record does not disclose support for that assumption. Thus, the trial court erred in sentencing Reynolds as a habitual offender on an inadequate record. Bunion v. State, 636 So. 2d 873 (Fla. 2d DCA 1994). At sentencing Reynolds’ attorney objected that the state had presented no evidence of a prior offense having been committed within five years of the current offense. Hence, this case is distinguishable from those in which the re…
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Jones v. State, 680 So. 2d 585 (Fla. 4th DCA 1996)…o truthfully answer the questions posed. One of the factors going to the voluntariness of a plea is a defendant’s knowledge of the maximum potential penalty for the charge to which the plea is offered. Fla.R.Crim.P. 3.172(c)(1); see Barney v. State, 636 So. 2d 873 (Fla. 2d DCA 1994). Here, the judge correctly advised defendant as to the possibility of life imprisonment upon conviction as an habitual felony offender. Defendant indicated that he understood the nature of the potential sentence. If he had been to…
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Drymon v. State, 692 So. 2d 972 (Fla. 2d DCA 1997)…e required sequential convictions. § 775.084(5), Fla. Stat. (1993); Prince v. State, 684 So. 2d 850 (Fla. 2d DCA 1996). The appellant’s claim that he was induced to plead by the misadviee of trial counsel is facially sufficient. See Barney v. State, 636 So. 2d 873 (Fla. 2d DCA 1994). Accordingly, we reverse the trial court’s denial of appellant’s claim and remand for further proceedings on this issue. If the trial court again denies the appellant relief, it shall attach those portions of the record that concl…
Authorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Edmond Boris Shell v. State, 501 So. 2d 1334 (Fla. 2d DCA 1987)