ROBERT EARL WILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed denial of postconviction relief motion because trial court failed to adequately consider retroactive application of State v. Iacovone to defendant's sentence, requiring remand for proper reconsideration with complete record.
When a retroactive sentencing decision applies, the trial court must properly consider its applicability to the defendant's sentence with a complete record before denying postconviction relief.
[1] When a sentencing precedent is held to apply retroactively, the trial court must consider its applicability with a complete record including the sentence actually imposed…
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Join FLexlaw to unlock all legal intelligenceRobert Earl Wiley appealed the denial of his Rule 3.850 postconviction relief motion. The trial court had ruled that State v. Iacovone should not appl…
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PER CURIAM.
Appellant, Robert Earl Wiley, appeals the denial of his 3.850 motion for postconviction relief.
We agree with the trial court’s ruling that State v. Gray, 654 So. 2d 552 (Fla.1995), does not apply retroactively to invalidate this defendant’s conviction. See State v. Woodley, 695 So. 2d 297 (Fla.1997).
The trial court also ruled that State v. Iacovone, 660 So. 2d 1371 (Fla.1995), should not be applied retroactively to invalidate the sentence imposed on Wiley. The Florida Supreme Court has now ruled that Iacovone is to be retroactively applied. State v. Stevens, 23 Fla.
L. Weekly S166, — So. 2d — (Fla. March 26, 1998).
The trial court ruled in the alternative that Iacovone is not relevant to this appellant’s sentence.
However, we cannot determine from the attachments to the order denying postconviction relief whether that determination is accurate. The documents attached were from the sentence originally imposed in 1992 and not the sentence imposed after this court’s reversal and remand in 1994. See Wiley v. State, 636 So. 2d 547 (Fla. 1st DCA 1994).
Accordingly, we reverse and remand for reconsideration. If the trial court again concludes that the Iacovone decision is not relevant to this case, the pertinent portions of the record should be attached to the order. MICKLE, LAWRENCE and DAVIS, JJ., concur.
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Gould v. State, 826 So. 2d 1101 (Fla. 5th DCA 2002)…he would not have entered his plea, but for counsel’s promise. The plea transcript does not conclusively refute defendant’s claim. See State v. Leroux, 689 So. 2d 235 (Fla.1996); Johnson v. State, 757 So. 2d 586 (Fla. 2d DCA 2000); Beagle v. State, 710 So. 2d 724 (Fla. 2d DCA 1998). Therefore, we reverse and remand for an evidentiary hearing on this claim. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. GRIFFIN and PALMER, JJ., concur.…
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Wiley v. State, 743 So. 2d 1137 (Fla. 1st DCA 1999)…irst degree murder. See State v. Iacovone, 660 So. 2d 1371 (Fla.1995). The defendant filed a motion for postconviction relief based on the Iacovone decision, but the motion was summarily denied. We reversed on procedural grounds, see Wiley v. State, 710 So. 2d 724 (Fla. 1st DCA 1998), and the trial court then granted the motion and imposed the sentence that is the subject of the present appeal. We find no error in the application of the habitual offender statute, but we conclude that under the holding in Ia…
Authorities Cited
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- State v. Iacovone, 660 So. 2d 1371 (Fla. 1995)
- State v. Woodley, 695 So. 2d 297 (Fla. 1997)
- Galencare, Inc. v. Blanton, 636 So. 2d 547 (Fla. 2d DCA 1994)