PEDRO CHOI, 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.
Pedro Choi appealed the trial court's summary denial of his Rule 3.850 motion to withdraw his guilty plea to a ten-count information. The court affirmed the denial of his first ground but reversed and remanded on his second ground, which alleged trial counsel failed to advise him that sentencing guidelines might limit consecutive sentences if he proceeded to trial.
The court affirmed the trial court's denial of Choi's first ground for relief without discussion but reversed and remanded on his second ground, finding his claim regarding counsel's sentencing advice to be facially sufficient and requiring an evidentiary hearing unless the record conclusively demonstrates he is entitled to no relief.
[1] A defendant may be entitled to withdraw a plea entered in reliance upon an attorney's mistaken advice about sentencing.
[2] A claim that trial counsel provided erroneous advice regarding potential sentencing consequences, which induced a guilty plea, is facially sufficient for purposes of a mo…
Previewing 2 of 3 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“a defendant may be entitled to withdraw a plea entered in reliance upon his attorney's mistaken advice about sentencing”
Establishes the legal standard allowing plea withdrawal based on counsel's mistaken sentencing advice, as cited from State v. Leroux
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceChoi entered a negotiated plea to a ten-count information including racketeering, extortion, armed robbery, and firearms possession charges. He was se…
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 Negotiated Plea Agreement cases and more on FLexlaw
[*974] PER CURIAM.
The appellant, Pedro Choi, challenges the trial court’s summary denial of his motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.850. The appellant raises two grounds for relief in his motion. We affirm the trial court’s denial of his first ground without discussion, but we reverse and remand for further proceedings on his second ground.
The appellant entered a negotiated plea to a ten-count information, which included charges of racketeering, extortion (two counts), armed robbery with a deadly weapon (five counts), possession of a firearm by a convieted felon, and possession of a short-barreled shotgun.
Pursuant to the negotiations, the appellant was sentenced within the guidelines range. The appellant alleges that trial counsel advised him that if he refused to accept the plea and went to trial, he would be sentenced to the statutory maximum on each count, with all the sentences running consecutively. The appellant further alleges that he had only one prior conviction and counsel did not explain that, should he go to trial and be convicted, the sentences which the trial court could impose might be limited by the application of the guidelines. He states that had he been properly advised of the effect of the guidelines, he would have gone to trial. In support of its order, the trial court attached the transcript of the change of plea hearing.1 This transcript, however, does not refute the appellant’s claim regarding trial counsel’s advice. The appellant’s claim is facially sufficient. State v. Leroux, 689 So. 2d 235, 237 (Fla. 1996) (“a defendant may be entitled to withdraw a plea entered in reliance upon his attorney’s mistaken advice about sentencing”).
On remand, should the trial court again summarily deny the appellant’s claim, it shall attach those portions of the record that conclusively demonstrate the appellant is entitled to no relief, otherwise the court must conduct an evidentiary hearing. Hoch v. State, 679 So. 2d 847 (Fla. 2d DCA 1996).
Affirmed in part, reversed in part, and remanded.
DANAHY, A.C.J., and CAMPBELL and NORTHCUTT, JJ., concur. . The appellant’s sentencing guidelines score-sheet is not part of the record on appeal.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Davis v. State, 697 So. 2d 957 (Fla. 2d DCA 1997)…not by itself defeat a claim by a defendant that counsel’s incorrect legal advice about eligibility for gain time prompted a plea which would otherwise have been rejected. See Hoch v. State, 679 So. 2d 847 (Fla. 2d DCA 1996). See also Choi v. State, 692 So. 2d 973 (Fla. 2d DCA 1997) (applying the principle to a claim that the attorney failed to advise the client that he would be eligible for a guidelines sentence if he proceeded to trial, and the client entered a plea for such a sentence based on the attorney…
-
Delacruz v. State, 721 So. 2d 763 (Fla. 2d DCA 1998)…or record attachments which rebuts Delacruz’s claim that he was misinformed as to the maximum sentence he was likely to receive if he were found guilty. Therefore, we must remand this cause for further consideration of this claim. See Choi v. State, 692 So. 2d 973 (Fla. 2d DCA1997). Affirmed in part, reversed in part, and remanded. FRANK, A.C.J., and NORTHCUTT and CASANUEVA, JJ., concur.…
-
Lanard Holmes v. State, 725 So. 2d 1228 (Fla. 4th DCA 1999)…does not reflect a basis for an upward departure sentence. We find Holmes’ allegations legally sufficient to warrant further review. State v. Leroux, 689 So. 2d 235, 236 (Fla.1996); Stott v. State, 701 So. 2d 917 (Fla. 4th DCA 1997); Choi v. State, 692 So. 2d 973 (Fla. 2d DCA 1997). We have reviewed the transcript of the plea colloquy and note that it does not refute Holmes’ allegations; rather, it could have reinforced Holmes’ belief that he could spend the rest of his life in prison if convicted after a tr…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Hoch v. State, 679 So. 2d 847 (Fla. 2d DCA 1996)