DURWYN J. SEYMORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's summary denial of an ineffective assistance of counsel claim based on counsel's failure to communicate plea offers, finding the allegations legally sufficient to require further proceedings under Rule 3.850.
Allegations that trial counsel failed to communicate plea offers involving 30 months to 3½ years, when the defendant received a 20-year sentence as a habitual violent felony offender, state a legally sufficient claim for ineffective assistance under Rule 3.850 precluding summary denial.
[1] Allegations that trial counsel failed to communicate plea offers ranging from 30 months to 3½ years when defendant received a 20-year sentence state a legally sufficient…
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Join FLexlaw to unlock all legal intelligenceAppellant, a state correctional inmate, filed a Rule 3.850 motion for postconviction relief claiming his trial counsel failed to communicate plea offe…
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PER CURIAM.
Appellant, an inmate of the state correctional system, seeks review of an order denying his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, appellant claimed entitlement to relief on a number of grounds. We affirm the denial of relief as to all claims, save one, without further discussion. However, as to that one claim, we are constrained to reverse and remand for further proceedings.
Appellant alleged that his trial counsel was ineffective because he failed to communicate to appellant plea offers involving prison terms ranging between 30 months and 3½ years made by the prosecutor; that he would have accepted one of those offers had his attorney communicated them to him; and that acceptance of the offer would have resulted in a shorter prison term than the 20-year sentence he ultimately received, as an habitual violent felony offender. Such allegations are legally sufficient to state a claim for relief pursuant to rule 3.850, precluding summary denial. Wilson v. State, 647 So. 2d 185 (Fla. 1st DCA 1994). Accordingly, we reverse the trial court’s summary denial of this claim, and remand for further proceedings consistent with rule 3.850. We affirm the denial of relief as to all of the other claims made by appellant. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
ALLEN, WEBSTER and MICKLE, JJ., concur.
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Cottle v. State, 733 So. 2d 963 (Fla. 1999)…PER CURIAM. We have for review Cottle v. State, 700 So. 2d 53 (Fla. 5th DCA 1997), based on direct and express conflict with the decisions 1 in Seymore v. State, 693 So. 2d 647 (Fla. 1st DCA 1997); Hilligenn v. State, 660 So. 2d 361 (Fla. 2d DCA 1995); and Abella v. State, 429 So. 2d 774 (Fla. 3d DCA 1983). At issue is whether the Fifth District erred in holding that ineffective assistance claims pertaining to an unrelated…1 / 3
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Karg v. State, 706 So. 2d 124 (Fla. 1st DCA 1998)…curiam:. Appellee concedes that the trial court erred in denying appellant’s motion to withdraw his plea before determining the truthfulness of the allegation that his attorney failed to communicate plea offers to him. See, e.g. Seymore v. State, 693 So. 2d 647 (Fla. 1st DCA 1997)(allegation- of failure to communicate plea offer states colorable claim of ineffective assistance in context of motion for post-conviction relief). Further, appellee concedes that the trial court erred in failing to conduct an in…
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Gardner v. State, 784 So. 2d 534 (Fla. 1st DCA 2001)…rst time, are not refuted by the record. See Fla. R.Crim.P. 3.850(b)(1) (abrogating time limits where “the facts on which the claim is predicated were unknown to the movant”); Rodriguez v. State, 777 So. 2d 1143 (Fla. 3d DCA 2001); Seymore v. State, 693 So. 2d 647 (Fla. 1st DCA 1997). Accordingly, we reverse the trial court’s order and remand for an evidentiary hearing or attachment of portions of the record conclusively refuting Mr. Gardner’s claims. WEBSTER, DAVIS, and BENTON, JJ., concur.…
Authorities Cited
- Wilson v. State, 647 So. 2d 185 (Fla. 1st DCA 1994)