ROBERT G. HYLLEBERG, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GOSHORN, Judge.
Robert Hylleberg, Jr. appeals from the summary denial of his rule 3.850 motion. We find merit only in his contention that he is entitled to an evidentiary hearing on his claim that his trial counsel was ineffective for misadvising him that voluntary intoxication is not a defense to murder or kidnapping.
This court recently noted in Stevens v. State, 693 So. 2d 144 (Fla. 5th DCA 1997) that voluntary intoxication is a defense to the specific intent crime of first-degree murder. See also State v. Bias, 653 So. 2d 380 (Fla.1995); Gardner v. State, 480 So. 2d 91 (Fla.1985). Voluntary intoxication is also a defense to kidnapping. See Sochor v. State, 619 So. 2d 285 (Fla.1993); Worden v. State, 688 So. 2d 958 (Fla. 4th DCA 1997).
Because the record does not refute Hylle-berg’s allegation, an evidentiary hearing is required on this issue.
REVERSED and REMANDED.
GRIFFIN, C.J., and THOMPSON, J., concur.
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Smith v. State, 719 So. 2d 1017 (Fla. 4th DCA 1998)…udge, concur. . Appellant is presently serving three consecutive life sentences for first degree murder, kidnapping, and burglary of a conveyance with an assault or battery. Each of these offenses is a specific intent crime. See Hylleberg v. State, 700 So. 2d 807 (Fla. 5th DCA 1997)• (first degree murder; kidnapping); Wright v. State, 675 So. 2d 1009 (Fla. 2d DCA 1996) (kidnapping); Urquhart v. State, SI6 So. 2d 64 (Fla. 1st DCA 1996) (burglary).…
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Hester v. State, 732 So. 2d 331 (Fla. 1st DCA 1998)…the attorney; and (4) the evidence was so overwhelming that such a defense would not have changed the outcome. Voluntary intoxication is a recognized defense to the specific intent crimes of kidnapping and armed robbery. E.g., Hylleberg v. State, 700 So. 2d 807 (Fla. 5th DCA 1997); Kiser v. State, 678 So. 2d 859 (Fla. 1st DCA 1996). We have previously held that allegations substantively indistinguishable from those made by appellant are facially sufficient to state a claim for ineffective assistance of cou…
Authorities Cited
- Sochor v. State, 619 So. 2d 285 (Fla. 1993)
- Gardner v. State, 480 So. 2d 91 (Fla. 1985)
- State v. Bias, 653 So. 2d 380 (Fla. 1995)
- Tesheira v. LEE, 688 So. 2d 958 (Fla. 3d DCA 1997)
- Biehle v. Biehle, 693 So. 2d 144 (Fla. 5th DCA 1997)