TERRY ROBERT WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Terry Walker appeals the denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel because his attorney failed to advise him of minimum mandatory sentences before he entered his plea. The court reverses and remands because the trial court record does not conclusively refute Walker's allegations.
The court reversed because the record does not conclusively refute Walker's claim of ineffective assistance. The court held that defense counsel must inform a defendant of all pertinent matters bearing on the plea choice, including any mandatory minimum penalties. On remand, the trial court must either produce a transcript of the plea hearing that refutes Walker's claim, or give Walker an opportunity to withdraw his plea.
[1] A defendant's claim of ineffective assistance of counsel based on being uninformed of mandatory minimum sentences until after entering a plea is not conclusively refuted…
[2] Defense counsel has a duty to inform a defendant of all pertinent matters bearing on the choice of plea, including any mandatory minimum penalties.
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“Defense counsel must inform a defendant of "all pertinent matters bearing on the choice of which plea to enter ... and the likely results." Fla.R.Crim.P. 3.171(c)(2)(B). This includes any mandatory minimum penalties.”
Establishes the legal standard for what counsel must disclose regarding plea decisions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWalker entered a negotiated plea agreement in which three charges were nolle prossed. His original sentence did not include minimum mandatory terms, b…
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BLUE, Judge.
Terry Robert Walker appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse because the evidence presented at the evidentiary hearing did not conclusively refute Walker’s allegations of ineffective assistance of counsel.
In his motion, Walker raised seven grounds and sought to withdraw his plea. Three grounds alleged ineffective assistance of counsel based on the assertion that Walker was not advised of two minimum mandatory sentences until after he entered his negotiated plea and was sentenced. The trial court conducted an evidentiary hearing and denied Walker’s motion.
For several reasons, we conclude that the record, including the evidence and testimony from the hearing, does not refute Walker’s claim. Walker’s original sentence did not include the two minimum mandatory terms. At a second sentencing hearing, the court imposed these provisions. Walker testified that he was not informed of the minimum mandatory sentences until after he entered his plea and was sentenced. Moreover, Walker’s attorney could not recall telling his client about the minimum mandatory sentences and explained that he was more concerned at the time about another charge. That charge and two others were subsequently nolle prossed as part of the plea agreement. Finally, the signed plea form does not mention any minimum mandatory sentences and the record does not contain a transcript of the plea colloquy. Apparently, the trial court did not have the transcript at the evidentiary hearing. On the other hand, the only evidence to indicate Walker was informed prior to entering his plea was a letter from Walker’s attorney that refers to a minimum mandatory sentence. This letter is not conclusive, however, because it was not addressed to Walker, it was dated after Walker entered his plea, and it was factually incorrect in other respects.
Defense counsel must inform a defendant of “all pertinent matters bearing on the choice of which plea to enter ... and the likely results.” Fla.R.Crim.P. 3.171(c)(2)(B). This includes any mandatory minimum penalties. Norris v. State, 343 So. 2d 964 (Fla. 1st DCA 1977). Thus, his attorney’s failure to advise Walker of the minimum mandatory penalties constitutes ineffective assistance of counsel.
A transcript of the plea hearing may refute Walker’s claim that he was not informed of the minimum mandatory sentences. If so, on remand the trial court may deny the motion again, attaching the applicable portion of the plea hearing. In the absence of this transcript, the trial court must give Walker an opportunity to withdraw his plea. See Norris, 343 So. 2d at 964. If the plea is withdrawn, Walker will be subject to all of the original charges, including the three charges that the state nolle prossed as part of the plea agreement. See Geiger v. State, 532 So. 2d 1298 (Fla. 2d DCA 1988).
We find no. merit in Walker’s remaining points. Accordingly, we reverse and remand for further proceedings.
HALL, A.C.J., and PARKER, J., concur.
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Citator
Cited By
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Carswell v. State, 845 So. 2d 263 (Fla. 2d DCA 2003)…but for counsel’s alleged omission. This claim is denied. “Defense counsel must inform a defendant of ‘all pertinent matters bearing on the choice of which plea to enter ... and the likely results.’ Fla. R.Crim. P. 3.171(c)(2)(B).” Walker v. State, 642 So. 2d 56, 57 (Fla. 2d DCA 1994). We cannot conclude from this record whether Cars-well’s allegations regarding his attorney’s failure to advise him that he was eligible for sentencing as a youthful offender are true. However, we believe this claim is faciall…
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Montgomery v. State, 869 So. 2d 27 (Fla. 2d DCA 2004)…e counsel must inform a defendant of ‘all pertinent matters bearing on the choice of which plea to enter ... and the likely results.’ Fla. R.Crim. P. 3.171(c)(2)(B).” Carswell v. State, 845 So. 2d 263, 263 (Fla. 2d DCA 2003) (citing Walker v. State, 642 So. 2d 56, 57 (Fla. 2d DCA 1994)). We cannot conclude from this record whether Montgomery’s allegations regarding his attorney’s failure to advise him that he was eligible for sentencing as a youthful offender are true. However, we believe this claim is facia…
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Hoover Emilson Arroyave v. State (Fla. 2d DCA 2022)…which he was exposed and therefore would be unable to show that he was prejudiced by counsel's alleged ineffectiveness."). It was ultimately counsel's responsibility to inform Mr. Arroyave of the potential penalties he faced. See Walker v. State, 642 So. 2d 56, 57 (Fla. 2d DCA 1994) ("Defense counsel must inform a defendant of . . . any mandatory minimum penalties. . . . [H]is attorney's failure to advise Walker of the minimum mandatory penalties constitutes ineffective assistance of counsel." (citation…
Authorities Cited
- Geiger v. State, 532 So. 2d 1298 (Fla. 2d DCA 1988)
- Norris v. State, 343 So. 2d 964 (Fla. 1st DCA 1977)