HENRY G. MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Mitchell appealed the summary denial of his Rule 3.850 motion challenging his 1979 guilty plea to second-degree murder based on trial counsel's alleged misrepresentations about sentencing. The court affirmed, holding that the Florida Supreme Court's decision in State v. Leroux establishing a new standard for evaluating plea validity does not apply retroactively to cases where convictions became final before Leroux was decided.
The court held that Leroux does not apply retroactively to Mitchell's case. The decision represents an evolutionary refinement in criminal law rather than a change of constitutional dimension, and therefore does not qualify for the exception to Rule 3.850's two-year time limit for raising claims involving fundamental constitutional rights established after the time period has run.
[1] A judicial decision that represents an evolutionary refinement of the law, rather than a change of constitutional dimension, does not merit retroactive application in a c…
[2] A Florida Rule of Criminal Procedure 3.850 motion is subject to a two-year time limit, with an exception for claims involving fundamental constitutional rights not establ…
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Join FLexlaw to unlock all legal intelligence“Like most cases, Leroux represents an 'evolutionary refinement' in the criminal law, not a change of constitutional dimension.”
Establishes the standard for determining retroactive application: only changes of constitutional dimension qualify for retroactive application to final convictions.
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Join FLexlaw to unlock all legal intelligenceMitchell pleaded guilty to second-degree murder in 1979 and received a life sentence. He alleged that his trial counsel misrepresented that the state …
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W. SHARP, Judge.
Mitchell appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He argues that his plea to second-degree murder in 1979 and conviction, based on his plea, should now be overturned because of the Florida Supreme Court’s recent decision of State v. Leroux, 689 So. 2d 235 (Fla.1996). Mitchell was given a life sentence. We affirm.
In Leroux, the court held that a simple statement by a defendant during the plea colloquy that he or she freely and voluntarily, and without threat or promises, entered into a plea was not sufficient to conclusively refute a defendant’s later claim that the plea was entered into because of false representations by trial counsel concerning eligibility for early release or actual time to be served in prison. Thus, the trial court’s summary denial of Leroux’s motion filed pursuant to rule 3.850 was erroneous, and the matter was referred back to the trial court for a hearing to determine if he in good faith relied upon misstatements of his trial counsel, in entering into the plea.
In Leroux, the appellant alleged that his trial counsel advised him he would actually be released from prison within four years because of his entitlement to gain time credits. After his incarceration, Leroux learned from the Department of Corrections that advice was erroneous and he would have to serve more than seven years in prison, prior to his release. In this ease, Mitchell alleged his trial counsel advised him the state would not seek a life sentence, and the most prison time he would get was fifteen to twenty years. However, the trial court sentenced him to life. In this current proceeding, the trial court summarily denied Mitchell’s motion on the ground that Leroux is not retroactive.
We agree. Rule 8.850 provides an exception for its two-year time limit for raising claims, which involve fundamental constitutional rights not established until after the two-year time has run.1 Like most cases, Leroux represents an “evolutionary refinement” in the criminal law,2 not a change of constitutional dimension. Consequently, it does not merit retroactive application in a collateral proceeding brought after the two-year time limit has run. See State v. Spadaro, 556 So. 2d 1119 (Fla.1990) (Carawan3 double-jeopardy analysis does not merit retroactive application in a postconvietion proceeding); McCuiston v. State, 534 So. 2d 1144 (Fla.1988) (decision in Whitehead,
, holding that status as habitual offender constitutes an invalid reason for upward departure, does not merit retroactive application in a postcon-vietion proceeding); State v. Woodley, 695 So. 2d 297 (Fla.1997) (change in law in Gray5 re: attempted felony murder does not apply retroactively to those eases where the convictions had already become final before Gray’s issuance).
AFFIRMED.
PETERSON, C.J., and GRIFFIN, J., concur. . See Bannister v. State, 606 So. 2d 1247, 1248 (Fla. 5th DCA 1992). See also Bundy v. State, 538 So. 2d 445 (Fla.1989); Jones v. State, 591 So. 2d 911 (Fla.1991).
. Witt v. State, 387 So. 2d 922 (Fla.), cert. denied, 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980). See also State v. Callaway, 658 So. 2d 983 (Fla.1995).
. Carawan v. State, 515 So. 2d 161 (Fla.1987).
. Whitehead v. State, 498 So. 2d 863 (Fla.1986).
. State v. Gray, 654 So. 2d 552 (Fla.1995).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Llerena v. State, 696 So. 2d 1301 (Fla. 3d DCA 1997)…erts that Leroux is retroactive and that his 3.850 motion should be deemed timely because it was filed within two years after Leroux was decided. We agree with the Fifth District Court of Appeal in that Leroux is not retroactive. Mitchell v. State, 696 So. 2d 410 (Fla. 5th DCA 1997). The Mitchell court stated: Rule 3.850 provides an exception for its two-year time limit for raising claims, which involve fundamental constitutional rights not established until after the two-year time has run. Like most cases,…
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Walker v. State, 701 So. 2d 917 (Fla. 4th DCA 1997)…PER CURIAM. AFFIRMED. See Mitchell v. State, 696 So. 2d 410 (Fla. 5th DCA 1997). WARNER, KLEIN and STEVENSON, JJ., concur.…
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Hammond v. State, 702 So. 2d 637 (Fla. 1st DCA 1997)…PER CURIAM. AFFIRMED. See Magwood v. State, 701 So. 2d 615 (Fla. 2d DCA 1997); Llerena v. State, 696 So. 2d 1301 (Fla. 3d DCA 1997); Mitchell v. State, 696 So. 2d 410 (Fla. 5th DCA), review denied mem., 700 So. 2d 686 (Fla.1997); Dean v. State, 693 So. 2d 1014 (Fla. 3d DCA), review dismissed mem., 697 So. 2d 1215 (Fla.1997). ALLEN, WEBSTER and DAVIS, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Witt v. State, 387 So. 2d 922 (Fla. 1980)
- Jones v. State, 591 So. 2d 911 (Fla. 1991)
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Adams v. Peat, 449 U.S. 1067 (U.S. 1980)
- Jarrett v. Jarrett, 449 U.S. 1067 (U.S. 1980)
- State v. Woodley, 695 So. 2d 297 (Fla. 1997)