PETER B. SERAPHIN, 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.
The court held that a defendant's allegations that counsel failed to advise him of the voluntary intoxication defense to a specific intent crime were sufficient to state a claim for ineffective assistance of counsel.
Appellant sought postconviction relief, alleging his trial counsel was ineffective for not informing him that voluntary intoxication could be a defens…
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 Specific Intent Crime cases and more on FLexlaw
PER CURIAM.
Appellant Peter B. Seraphin challenges the summary denial of his rule 3.850 motion for postconviction relief. We reverse and remand with respect to his first ground for relief only, which alleged that trial counsel was ineffective for insisting he plead to the charge, robbery with a deadly weapon, without informing him that his voluntary intoxication at the time of the offense could be used at trial as a defense to the charge, as opposed to being only a basis for departure in sentencing after the entry of a plea pursuant to Barbera v. State, 505 So. 2d 413 (Fla.1987). The record is clear that counsel knew of Appellant’s long history of drug and alcohol abuse and was aware of police reports noting Appellant’s intoxication at the time of the offense. But for such advice from counsel, Appellant alleged he probably would have gone to trial.
Voluntary intoxication is a defense to the specific intent crime of robbery. See Gardner v. State, 480 So. 2d 91 (Fla.1985). Appellant’s allegations that counsel failed to advise him of this defense were sufficient to set forth a claim of ineffective assistance, see Worden v. State, 688 So. 2d 958 (Fla. 4th DCA 1997), which may entitle him to withdraw his plea, see Kennedy v. State, 633 So. 2d 1145 (Fla. 2d DCA 1994). The summary denial of such an allegation requires record attachments refuting it or an evidentiary hearing. See McCoy v. State, 598 So. 2d 169 (Fla. 1st DCA 1992). The plea colloquy attached to the order of denial did not refute this claim.
Therefore, we reverse and remand for an evidentiary hearing or further record attachments refuting Appellant’s first ground for relief. We are satisfied that Appellant’s other two grounds were properly refuted by the record and we affirm the trial court’s summary denial as to those grounds.
Affirmed in part; reversed in part and remanded.
GLICKSTEIN, DELL and GROSS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wilson v. State, 871 So. 2d 298 (Fla. 1st DCA 2004)…the issue of self-defense with his defense counsel prior to the entry of his plea. Cf. Stanley v. State, 703 So. 2d 1156, 1157 (Fla. 2d DCA 1997) (noting defenses which were not brought to defendant’s attention cannot be waived); Seraphin v. State, 706 So. 2d 913 (Fla. 4th DCA 1998) (reversing where defendant alleged counsel failed to advise him of a viable defense); McCoy v. State, 598 So. 2d 169 (Fla. 1st DCA 1992) (reversing where appellant alleged counsel failed to consider a defense). Based on this prev…
-
Smith v. State, 719 So. 2d 1017 (Fla. 4th DCA 1998)…y; that appellant relied on counsel’s misadvice as to the availability of a viable defense, rendering his plea involuntary, as he would not have entered the plea but for counsel’s misadvice. This ground is legally sufficient. See Seraphin v. State, 706 So. 2d 913 (Fla. 4th DCA 1998) (reversing in part summary denial of motion for posteonviction relief, alleging trial counsel was ineffective for insisting appellant plead to charge of robbery with deadly weapon, a specific intent crime, without informing him t…
-
Wilson v. State, 901 So. 2d 885 (Fla. 4th DCA 2005)…14 S.Ct. 279, 126 L.Ed.2d 230 [*886] (1993). Defendants state legally sufficient claims where they allege that they entered a plea because counsel failed to inform them of a viable defense available if they proceeded to trial. See Seraphin v. State, 706 So. 2d 913 (Fla. 4th DCA 1998); Smith v. State, 719 So. 2d 1017 (Fla. 4th DCA 1998); Szymanowski v. State, 771 So. 2d 10 (Fla. 4th DCA 2000). The record reflects that defendant was charged in case number 99-1797 with armed burglary, two counts of robbery with…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- Gardner v. State, 480 So. 2d 91 (Fla. 1985)
- McCOY v. State, 598 So. 2d 169 (Fla. 1st DCA 1992)
- Tesheira v. LEE, 688 So. 2d 958 (Fla. 3d DCA 1997)
- Kennedy v. State, 633 So. 2d 1145 (Fla. 2d DCA 1994)