JOSEPH RODNEY COLLIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Collier appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Collier asserts that trial counsel rendered ineffective assistance in failing to investigate and consider the availability of a voluntary intoxication defense to the charge of aggravated battery, despite having been informed by Collier that he was intoxicated as a result of consuming a large quantity of alcohol and marijuana immediately prior to the commission of the offense. We find these factual allegations, on their face, sufficient to set forth a claim of ineffective assistance of counsel despite the fact that Collier signed a plea agreement indicating his satisfaction with counsel’s services. See Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995).
Since the trial court’s order and attachments fail to demonstrate conclusively that Collier is entitled to no relief, we reverse and remand for further proceedings.
ALLEN, WOLF and DAVIS, JJ., concur.
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Ludwige Louisma v. State, 78 So. 3d 50 (Fla. 4th DCA 2012)…lls v. State, 706 So. 2d 103 (Fla. 1st DCA 1998) (holding that record was devoid of any evidence that patient’s treatment team deemed necessary or delegated to the patient’s psychiatrist the treatment decision). Similarly, in Ungerbuehler v. State, 729 So. 2d 954 (Fla. 1st DCA 1998), the First District reversed an order authorizing medical treatment without the patient’s consent, holding that the State “presented absolutely no evidence that the multidisciplinary team deemed the treatment to be necessary, as…
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Thomas v. State, 734 So. 2d 1138 (Fla. 1st DCA 1999)…o trial. We have previously held that such allegations are sufficient to state a claim of ineffective assistance of counsel, even where appellant has indicated satisfaction with counsel’s performance in a plea agreement. See, e.g., Collier v. State, 729 So. 2d 954, 23 Fla. L. Weekly D2283 (Fla. 1st DCA Oct.5, 1998); Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995). The trial court denied the claim because (1) Thomas’s recollection of facts relating to the offense was inconsistent with a defense of volunta…
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Markham v. N. Fla. Evaluation & Treatment Ctr., 248 So. 3d 1274 (Fla. 1st DCA 2018)…confession of error is not binding upon an appellate court, and it is the practice of the appellate courts not to accept erroneous concessions by the state) (citations omitted). Appellant argues that this case is controlled by Ungerbuehler v. State, 729 So. 2d 954 (Fla. 1st DCA 1998), in which this Court reversed an order authorizing medical treatment, finding that the state presented “absolutely no evidence that the multidisciplinary team deemed the treatment to be necessary, as required by section 916.107(…
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- Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995)
- Swain v. Bernie Howell, 661 So. 2d 406 (Fla. 1st DCA 1995)