WILLIAM WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William White appealed the summary denial of his Rule 3.850 motion for postconviction relief alleging ineffective assistance of counsel. The court affirmed dismissal of two claims but reversed on White's third claim that trial counsel failed to timely communicate his acceptance of a 52-month plea offer to the State, resulting in a more severe sentence after trial.
Trial counsel's failure to convey the client's acceptance of a plea offer to the State can constitute ineffective assistance of counsel. White stated a facially sufficient claim of ineffective assistance because he alleged counsel delayed communicating his acceptance until after the State withdrew the offer, and he would have received a less severe sentence had counsel promptly conveyed his acceptance.
[1] A trial counsel's failure to communicate a plea offer to a client can constitute ineffective assistance of counsel.
[2] A trial counsel's failure to convey a client's acceptance of a plea offer to the State can constitute ineffective assistance of counsel.
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Join FLexlaw to unlock all legal intelligence“Florida courts uniformly have held that trial counsel's failure to communicate a plea offer to the client can constitute ineffective assistance of counsel.”
Establishes the well-settled principle that counsel's failure to communicate plea offers is ineffective assistance
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Join FLexlaw to unlock all legal intelligenceWhite was convicted after trial and received a more severe sentence than the 52-month plea offer the State had extended. White alleged that he informe…
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[*75] PER CURIAM.
William White appeals the order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. White’s motion argued that he received ineffective assistance of trial counsel in three respects. His first two claims lacked merit, and we affirm the circuit court’s resolution of them without discussion.
We reverse on the third issue, based on White’s sworn allegation that he informed his trial counsel that he agreed to the State’s plea offer for 52 months’ incarceration, but counsel delayed in communicating his acceptance until after the State had withdrawn the offer. White asserted that, but for counsel’s inaction, he would have received a sentence which was less severe than the one imposed after his trial.
Florida courts uniformly have held that trial counsel’s failure to communicate a plea offer to the client can constitute ineffective assistance of counsel. See, e.g., Rosav. State, 712 So. 2d 414 (Fla. 4th DCA 1998); Karg v. State, 706 So. 2d 124 (Fla. 1st DCA 1998); Gonzales v. State, 691 So. 2d 602 (Fla. 4th DCA 1997); Young v. State, 608 So. 2d 111 (Fla. 5th DCA 1992).
We have found no reported Florida decision addressing counsel’s failure to convey the client’s acceptance of a plea offer to the State, but we conclude that such an omission can constitute ineffective assistance of counsel. Cf. Ginwright v. State, 466 So. 2d 409 (Fla. 2d DCA 1985) (denying defendant information and opportunity to make voluntary and informed rejection of plea bargain offer may constitute substantial omission by defense counsel).
In this respect, then, White stated a facially sufficient claim of ineffective assistance of counsel. Cf. Rosa, 712 So. 2d at 415 (reversing summary denial of postconviction motion based on allegations that defendant was not told of plea offer, that he would have accepted the plea offer if he had known of it, and that his sentence would have been less than what he received after trial);
Further, the record before us fails to rebut White’s assertions. When denying this claim, the circuit court relied on a bench warrant issued for White’s arrest after he failed to appear for a hearing on August 12, 1996. The court reasoned that White could have accepted the plea offer prior to trial if he had attended court that day. But the record indicates that the circuit court would entertain a negotiated plea only until August 9, 1996. This suggests that White’s failure to appear on August 12, 1996, did not interfere'with the timely acceptance of the State’s offer. Because the attachments to the order fail to refute White’s prima facie showing that he was prejudiced by ineffective assistance of counsel, we reverse. On remand, the circuit court may either attach record documentation conclusively demonstrating that White is not entitled to relief, or hold an evidentiary hearing on his allegations.
Affirmed in part, reversed in part, and remanded.
CAMPBELL, A.C.J., and. NORTHCUTT and STRINGER, JJ., Concur.
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Dieu-Vieu Eristma v. State, 766 So. 2d 1095 (Fla. 2d DCA 2000)…urt’s summary denial must be reversed. Failure to properly convey a plea offer can constitute ineffective assistance of counsel. See Cottle v. State, 733 So. 2d 963 (Fla.1999); Shingleton v. State, 759 So. 2d 713 (Fla. 2d DCA 2000); White v. State, 731 So. 2d 74, 75 (Fla. 2d DCA 1999). In order to state a prima facie case of ineffective assistance of counsel based on the rejection of a plea offer, the defendant must allege (1) that counsel failed to communicate a plea offer or misinformed the defendant conc…
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Damion Whitten v. State, 841 So. 2d 578 (Fla. 2d DCA 2003)…convey a plea offer. This can constitute ineffective assistance of counsel. See Cottle v. State, 733 So. 2d 963 (Fla.1999); Eristma v. State, 766 So. 2d 1095 (Fla. 2d DCA 2000); Shingleton v. State, 759 So. 2d 713 (Fla. 2d DCA 2000); White v. State, 731 So. 2d 74 (Fla. 2d DCA 1999). In order to state a prima facie case of ineffective assistance of counsel based on failing to convey a plea offer, the defendant must allege: (1) that counsel failed to communicate a plea offer; (2) that the defendant would have…
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Birch v. State, 961 So. 2d 1112 (Fla. 5th DCA 2007)…ffer. As a result, Appellant contends that the State withdrew the offer and he subsequently was forced to accept a plea offer of five years in prison. These allegations state a prima facie claim of ineffective assistance of counsel. White v. State, 731 So. 2d 74 (Fla. 2d DCA 1999). Therefore, unless conclusively refuted by the record, Appellant is entitled to an evidentiary hearing. We therefore reverse the lower court’s order and remand this cause with instructions that the lower court either conduct an e…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Young v. State, 608 So. 2d 111 (Fla. 5th DCA 1992)
- Sycamore v. Fla. Atl. Univ., 691 So. 2d 602 (Fla. 4th DCA 1997)
- Gonzales v. State, 691 So. 2d 602 (Fla. 4th DCA 1997)
- Ginwright v. State, 466 So. 2d 409 (Fla. 2d DCA 1985)
- Karg v. State, 706 So. 2d 124 (Fla. 1st DCA 1998)
- Rosa v. State, 712 So. 2d 414 (Fla. 4th DCA 1998)