NATHANIEL D. SHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the summary denial of Shaw's postconviction relief motion except for his ineffective assistance of counsel claim, which was remanded for further proceedings because his sworn allegations that his lawyer failed to investigate a planted-drug defense, if true, would entitle him to relief.
A defendant's sworn allegations of ineffective assistance of counsel based on counsel's failure to investigate a planted-drug defense must be addressed on remand rather than summarily denied.
[1] A defendant's sworn allegations of ineffective assistance of counsel based on counsel's failure to investigate a viable defense must be addressed on the merits rather tha…
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Join FLexlaw to unlock all legal intelligence“If these sworn allegations are true, Mr. Shaw would appear entitled to relief under the standards relating to ineffective assistance of counsel.”
Court's analysis of whether the defendant's claims, if proven, would warrant postconviction relief.
Shaw pleaded no contest to trafficking in cocaine and received an eighteen-year sentence as a habitual offender with ten years suspended pursuant to a…
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ALTENBERND, Judge.
Nathamel D. Shaw appeals the summary deMal of Ms timely motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the order except for Mr. Shaw’s claim of ineffective assistance of counsel.
Mr. Shaw pleaded no contest to trafficking in cocaine. Pursuant to a written plea agreement, he received an eighteen-year sentence of incarceration as a habitual offender, with ten years suspended. Contrary to his sworn motion, the attachments to the order establish that he received notice of an enhanced penalty and was informed in writing that his status as a habitual offender would affect gain time.
The defendant claims that he received ineffective assistance of counsel because Ms lawyer failed to investigate Ms claim that the drugs found in Ms car were planted there by the police. His sworn allegations unequivocally state that the drugs were not Ms, that the police placed the drugs in his ear, and that he advised Ms lawyer of these facts. He maintains that he would not have pleaded no contest if Ms lawyer had done the proper investigation to prove these facts.
If these sworn allegations are true, Mr. Shaw would appear entitled to relief under the standards relating to ineffective assistance of counsel. Jones v. State, 627 So. 2d 28 (Fla. 2d DCA 1993). On the other hand, if these sworn allegations are proven to be false on remand, they would seem to present a proper basis for a charge of perjury in an official proceeding. § 837.02, Fla.Stat. (1993).
Affirmed in part, reversed in part, and remanded.
LAZZARA, A.C.J., and FULMER, J., concur.
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Wright v. State, 675 So. 2d 1009 (Fla. 2d DCA 1996)…imed defenses, coupled with the representation that the movant would not have entered a plea had the investigation been properly undertaken, as Wright has alleged, constitutes a facially sufficient claim of ineffectiveness of counsel. Shaw v. State, 650 So. 2d 143 (Fla. 2d DCA 1995). We reverse the trial court insofar as it summarily denied this claim to conduct an evidentiary hearing, or to deny the claim without a hearing if record attachments conclusively refute Wright’s assertions. Should the trial court…
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Shaw v. State, 663 So. 2d 8 (Fla. 2d DCA 1995)…versed and remanded the case to the trial court to address Shaw’s ineffective assistance of counsel claim based on the allegation that his lawyer failed to investigate Shaw’s assertion that the police planted the drugs in his car. See Shaw v. State, 650 So. 2d 143 (Fla. 2d DCA 1995). On remand, the trial court again denied Shaw’s motion and again failed to attach any portion of the record or file to refute the claim of ineffective assistance of counsel. Therefore, we are again compelled to reverse and reman…
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Morris v. State, 670 So. 2d 1151 (Fla. 1st DCA 1996)…gate and consider voluntary intoxication defense deemed sufficient to set forth a claim of ineffective assistance counsel despite the fact that defendant signed a plea agreement); Brunson v. State, 605 So. 2d 1006 (Fla. 1st DCA 1992); Shaw v. State, 650 So. 2d 143 (Fla. 2d DCA 1995) (allegation that counsel did not investigate claimed defenses entitles defendant to relief). If appellant’s sworn allegations are true, he would appear to be entitled to relief under the standards relating to ineffective assista…
Authorities Cited
- Jones v. State, 627 So. 2d 28 (Fla. 2d DCA 1993)