RONALD E. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of post-conviction relief for ineffective assistance of counsel where defendant claimed he was denied the right to testify and could have explained fingerprint evidence at crime scene.
A trial court may not summarily deny post-conviction relief for ineffective assistance of counsel based on evidence that is not so overwhelmingly indicative of guilt that the defendant's proffered testimony would be insubstantial as a matter of law.
[1] Summary denial of post-conviction relief for ineffective assistance of counsel is improper when the evidence of guilt, though supporting conviction, is not so overwhelmin…
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Join FLexlaw to unlock all legal intelligenceRonald E. Smith was charged with a crime and the only direct evidence tying him to the offense was his fingerprints at the crime scene. Smith claimed …
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PER CURIAM.
Ronald E. Smith appeals the summary denial of his amended motion for post-conviction relief, in which he claimed that he was deprived of his right to testify by reason of ineffective assistance of trial counsel. In relevant part, Smith alleged that the only evidence directly tying him to the charged offense was the presence of his fingerprints at the crime scene, and that had he been permitted to testify, he could have offered a reasonable and innocent explanation for that fact.
The trial court summarily denied relief, concluding that portions of the record attached to its order provided additional evidence to support the state’s theory that Smith committed the charged crime, and therefore, Smith had failed to adequately demonstrate prejudice as a consequence of counsel’s alleged actions. Having reviewed these portions of the record, we conclude that the evidence relied on by the trial court to deny relief was not so overwhelmingly indicative of Smith’s guilt, nor was his proffered testimony so insubstantial that it can be held, as a matter of law, that Smith failed to establish prejudice as a consequence of counsel’s alleged actions. Compare State v. Oisorio, 657 So. 2d 4 (Fla. 3d DCA 1995), aff'd, 676 So. 2d 1363 (Fla.1996).
Accordingly, we reverse and remand to the trial court for further proceedings. On remand, the trial court shall either attach to its order denying relief additional portions of the record conclusively showing that appellant is entitled to no relief, or shall hold an evidentiary hearing.
REVERSED and REMANDED for further proceedings.
MINER, ALLEN and MICKLE, JJ., concur.
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Jackson v. State, 711 So. 2d 1371 (Fla. 4th DCA 1998)…Jennings v. State, 685 So. 2d 879 (Fla. 2d DCA 1996)(reversing summary denial where defendant would have testified, in sexual battery case, to victim’s consent, a defense which could be advanced only through testimony of defendant); Smith v. State, 700 So. 2d 469 (Fla. 1st DCA 1997)(reversing summary denial where defendant would have offered a reasonable explanation for presence of his fingerprints at scene, the only evidence tying him to the crime).…
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Authorities Cited
- Oisorio v. State, 676 So. 2d 1363 (Fla. 1996)
- Bobo v. Caterair Int'l Corp., 657 So. 2d 4 (Fla. 3d DCA 1995)
- State v. Oisorio, 657 So. 2d 4 (Fla. 3d DCA 1995)