ERIC JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This court’s previous opinion in this case dated April 8, 1996, is withdrawn, and the following decision is substituted therefor. We affirm the summary denial of appellant’s motion for postconviction relief as it relates to his claim that his plea resulted from coercion and was therefore involuntary. See Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982); Loconte v. State, 382 So. 2d 26 (Fla. 1st DCA 1979), cert. denied, 383 So. 2d 1198 (Fla.1980). We also affirm the summary denial of appellant’s claim that counsel was ineffective based on an alleged misrepresentation as to his eligibility for the death sentence, because the claim is facially insufficient.
We reverse that portion of the court’s order summarily denying appellant’s claim of ineffective assistance of counsel based on counsel’s alleged failure to interview two co-defendants, because appellant’s motion was facially sufficient as to that claim. See Kilgore v. State, 631 So. 2d 334 (Fla. 1st DCA 1994); Jones v. State, 627 So. 2d 28 (Fla. 2d DCA 1993). On remand, the trial court should either attach the portion of the record which conclusively refutes appellant’s claim or hold an evidentiary hearing.
REVERSED and REMANDED for further proceedings.
ERVIN, MINER and LAWRENCE, JJ., concur.
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Johnson v. State, 711 So. 2d 112 (Fla. 1st DCA 1998)…denied Johnson’s motion. Johnson appealed and this court affirmed the summary denial of the first claim; however, we reversed the summary denial of the second claim because Johnson’s motion was facially sufficient as to that claim. Johnson v. State, 680 So. 2d 536 (Fla. 1st DCA 1996). Accordingly, we remanded the case for attachments or an evi-dentiary hearing. On remand, Johnson filed a Motion for Appointment of Counsel and a Motion for an Evidentiary Hearing; the circuit court denied the former and granted…
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Brown v. State, 892 So. 2d 1119 (Fla. 2d DCA 2004)…e trial. Clo-ward was Brown’s codefendant, charged in the same information. Moreover, counsel admitted that she knew, two months before Brown’s trial, that Cloward had pleaded guilty to a charge stemming from the same incident. Cf. Johnson v. State, 680 So. 2d 536 (Fla. 1st DCA 1996) (stating the defendant’s claim that counsel failed to interview a codefendant was a facially sufficient allegation of ineffective assistance); Kilgore v. State, 631 So. 2d 334, 335 (Fla. 1st DCA 1994) (same). But beyond the fact…
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Authorities Cited
- Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982)
- Loconte v. State, 382 So. 2d 26 (Fla. 1st DCA 1979)
- Kilgore v. State, 631 So. 2d 334 (Fla. 1st DCA 1994)
- Jones v. State, 627 So. 2d 28 (Fla. 2d DCA 1993)