MICHAEL MAJORS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the denial of most of a defendant's claims for post-conviction relief but reversed and remanded on two grounds: ineffective assistance of counsel for failing to relay a plea offer and the imposition of attorney's fees without notice or an opportunity to be heard.
The appellate court held that the trial court erred in summarily denying the claims of ineffective assistance of counsel regarding the plea offer and the imposition of attorney's fees without notice or an opportunity to be heard. However, the court affirmed the denial of the remaining six claims.
[1] A motion to vacate sentence must be summarily denied if the movant's allegations are refuted by the record, but if the allegations are sufficient and no record refutation…
[2] A defendant's claim of ineffective assistance of counsel based on counsel's failure to inform the defendant of a plea offer is sufficient to warrant reversal and remand i…
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Join FLexlaw to unlock all legal intelligence“Because the court failed to attach any portion of the record which refutes this claim, and because appellant’s allegations are sufficient, we reverse and remand as to this ground.”
Establishes the reasoning for reversing and remanding the ineffective assistance of counsel claim.
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Join FLexlaw to unlock all legal intelligenceMichael Majors appealed the summary denial of his motion to vacate sentence, which alleged eight grounds for relief. The trial court denied all ground…
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ERVIN, Judge.
Michael Majors appeals from the summary denial of his motion to vacate sentence, which had alleged eight grounds for relief. We affirm the summary denial of six of the claims, but reverse and remand for further proceedings on the remaining two. The first point requiring reversal is an ineffective assistance of counsel complaint, wherein appellant asserts that trial counsel failed to inform him concerning a plea offer extended by the prosecutor. Appellant contends that if he had been made aware of the offer, he would have accepted it, and he would have received a lesser sentence than that imposed. Because the court failed to attach any portion of the record which refutes this claim, and because appellant’s allegations are sufficient, we reverse and remand as to this ground. Young v. State, 608 So. 2d 111 (Fla. 5th DCA 1992).
The second point requiring reversal is appellant’s contention that the trial court imposed attorney’s fees and costs without affording him notice and an opportunity to be heard. Regardless of whether notice was provided by publication of the statutes, State v. Beasley, 580 So. 2d 139, 142 (Fla.1991), or whether the public defender was required to move for fees and costs, Smiley v. State, 590 So. 2d 1116, 1117 (Fla. 4th DCA 1991), the fact remains that no portion of the record was attached to the order refuting appellant’s claim that he was not provided with an opportunity to contest the amount. Buiey v. State, 583 So. 2d 384 (Fla. 1st DCA 1991) (error occurred where defendant was not informed at the time of sentencing of his right to contest the amount of the public defender’s lien for fees and costs). Thus, the order must be reversed and the case remanded for the trial court to attach that portion of the record which refutes this claim or to conduct an evidentiary hearing. Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992).
AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.
JOANOS and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cottle v. State, 733 So. 2d 963 (Fla. 1999)…State, 660 So. 2d 361, 362 (Fla. 2d DCA 1995); Graham v. State, 659 So. 2d 722, 723 (Fla. 1st DCA 1995); Wilson v. State, 647 So. 2d 185, 186 (Fla. 1st DCA 1994) (finding the foregoing elements stated “colorable ground for relief’); Majors v. State, 645 So. 2d 1110, 1110 (Fla. 1st DCA 1994) (finding a “sufficient” basis for an evidentiary hearing); Ginwright v. State, 466 So. 2d 409, 410 (Fla. 2d DCA 1985) (remanding because the “allegations, if true, may be found by a trier of fact to constitute a substantial…
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Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995)…use the trial court failed to provide notice and failed to consider defendant’s financial resources and other factors in making the decision to assess these discretionary costs. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Majors v. State, 645 So. 2d 1110 (Fla. 1st DCA 1994); Drakes v. State, 656 So. 2d 569 (Fla. 2d DCA 1995). Additionally, the $200 court costs assessment is fatal because no statutory authority is cited and because, if this amount represents costs of prosecution pursuant to section 9…
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Thomas v. State, 811 So. 2d 707 (Fla. 1st DCA 2002)…sser sentence upon acceptance of the offer. See Cottle v. State, 733 So. 2d 963 (Fla.1999) (noting that federal and state courts have repeatedly held that failure to convey a plea offer constitutes deficient performance by counsel); Majors v. State, 645 So. 2d 1110 (Fla. 1st DCA 1994). Thomas has established such a claim, and is entitled to an evidentiary hearing on this issue, unless the trial court is able to provide portions of the record that refute the claim. See, e.g., Garcia v. State, 736 So. 2d 89 (Fla…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Young v. State, 608 So. 2d 111 (Fla. 5th DCA 1992)
- Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992)
- Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA 1991)
- Brown v. State, 583 So. 2d 384 (Fla. 3d DCA 1991)