CLYDE YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court reversed denial of post-conviction relief and remanded for evidentiary hearing on claim that trial counsel failed to investigate voluntary intoxication defense to drug possession charge.
Trial counsel's failure to investigate and consider a voluntary intoxication defense to a drug possession charge states a cognizable claim for ineffective assistance despite the defendant's signed plea agreement.
[1] A defendant's signed plea agreement indicating satisfaction with counsel's services does not preclude a cognizable claim of ineffective assistance based on counsel's fail…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceClyde Young was charged with possession of cocaine with intent to sell. Young informed his trial counsel that he was intoxicated on crack and whiskey …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Possession Of Cocaine With Intent To Sell cases and more on FLexlaw
MICKLE, Judge.
Clyde Young appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Young’s motion sets forth several grounds for relief, only one of which merits discussion. Young claims that trial counsel rendered ineffective assistance in failing to investigate and consider the availability of a voluntary intoxication defense to the charge of possession of cocaine with the intent to sell, despite having been informed by Young that he “was high on crack and whiskey” during the commission of this offense. We find these factual allegations, on their face, sufficient to set forth a claim of ineffective assistance of counsel despite the fact that Young signed a plea agreement indicating his satisfaction with counsel’s services. See Brunson v. State, 605 So. 2d 1006 (Fla. 1st DCA 1992).
Since the trial court’s order and attachments fail to demonstrate conclusively that Young is entitled to no relief, we reverse and remand for an evidentiary hearing for the purpose of rendering a determination on the merits of the above stated claim. In all other respects, the order denying post-conviction relief is affirmed.
AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.
ERVIN and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (23 total)
-
Wright v. State, 675 So. 2d 1009 (Fla. 2d DCA 1996)…that the circumstances surrounding his arrest, which apparently interrupted the activity of which he stands convicted, would have provided police corroboration of his intoxicated state. These facts are strikingly similar to those in Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995), which also involved the entry of a plea and a claim that counsel had failed to pursue a defense of voluntary intoxication. The court reversed for an evidentiary hearing, finding that the attachments failed to demonstrate that th…
-
Ervin Alphonso Bartley v. State, 689 So. 2d 372 (Fla. 1st DCA 1997)…se to specific intent crimes. E.g., Spivey v. State, 680 So. 2d 565 (Fla. 1st DCA 1996). Allegations substantively indistinguishable from those made by appellant have repeatedly been held sufficient to state a claim for relief. E.g., Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995); Brunson v. State, 605 So. 2d 1006 (Fla. 1st DCA 1992). It is not necessary, as the trial court presumed, that a defendant point to record evidence of intoxication at the time of the alleged offense in order to state a legally su…
-
McKINNEY v. State, 722 So. 2d 933 (Fla. 1st DCA 1998)…ufficiently pleads the deficient performance aspect of such a claim if he alleges that he either informed his attorney that he was intoxicated at the time of the offense, see Bartley v. State, 689 So. 2d 372, 373 (Fla. 1st DCA 1997); Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995); Brunson v. State, 605 So. 2d 1006, 1007 (Fla. 1st DCA 1992), or told his attorney that he had a history of substance abuse that, together with record evidence of his intoxication at the time of the offense, should have alerted h…
Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thornton Brunson v. State, 605 So. 2d 1006 (Fla. 1st DCA 1992)