MELVIN JEROME THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's reasons for summarily denying the first claim of ineffective assistance of counsel were insufficient to conclusively refute the allegations.
Appellant alleged trial counsel failed to investigate and advise on the voluntary intoxication defense for robbery, despite being informed of substanc…
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PER CURIAM.
Melvin Jerome Thomas appeals the summary denial of his motion pursuant to Florida Rule of Criminal Procedure 3.850 in which he raises two claims of ineffective assistance of counsel. Although we affirm the summary denial of the second claim, we find that the first claim raises a facially sufficient allegation.
Thomas pled guilty to robbery, a specific intent crime for which voluntary intoxication is a defense. See Kiser v. State, 678 So. 2d 859 (Fla. 1st DCA 1996). In his motion, Thomas alleged that trial counsel failed to investigate and advise on the defense of voluntary intoxication, despite being told that Thomas had consumed large quantities of alcohol and crack cocaine prior to the commission of the offense. Thomas further alleged that, had he known about the defense, he would not have pled guilty but would have gone to 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 voluntary intoxication, and (2) Thomas’s sworn testimony at the plea hearing was that he had fully discussed the case with his attorney, had been advised of all defenses and mitigating circumstances, and was satisfied with her services. Neither the reasons stated by the trial court, nor the portion of the record attached, conclusively refute appellant’s claim that counsel failed to advise him on the defense of voluntary intoxication. Therefore, without expressing any opinion as to the merits of the claim, we reverse and remand for further proceedings consistent with this opinion.
JOANOS, ALLEN and KAHN, JJ., CONCUR.
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Odom v. State, 782 So. 2d 510 (Fla. 1st DCA 2001)…istance of counsel claim is satisfied in this context by an allegation that the defendant would not have entered the plea had the availability of the defense been disclosed. See O’Bryant v. State, 765 So. 2d 745 (Fla. 1st DCA 2000); Thomas v. State, 734 So. 2d 1138 (Fla. 1st DCA 1999); Grady v. State, 687 So. 2d 931 (Fla. 1st DCA 1997). I am bound by these decisions, but I think that they misstate the applicable federal constitutional standard for asserting a claim of ineffective assistance of counsel. A defe…
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Hudson v. State, 814 So. 2d 458 (Fla. 4th DCA 2001)…PER CURIAM. We reverse and remand the order denying appellant’s rule 3.850 motion for an evidentiary hearing solely on counsel being ineffective for failure to advise that voluntary intoxication is a defense. Thomas v. State, 734 So. 2d 1138 (Fla. 1st DCA 1999). WARNER, KLEIN and STEVENSON, JJ., concur.…
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Craig v. State, 769 So. 2d 1087 (Fla. 2d DCA 2000)…the trial court’s order is affirmed without discussion. Craig was charged and pleaded guilty to attempted felony murder and robbery. Robbery is a specific intent crime, for which voluntary intoxication is a recognized defense. See Thomas v. State, 734 So. 2d 1138 (Fla. 1st DCA 1999). Craig claims his trial counsel was aware of his use of illegal drugs prior to the commission of the robbery. Craig further alleges that he would not have accepted the terms of his negotiated plea agreement had he been correctly…
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
- Young v. State, 661 So. 2d 406 (Fla. 1st DCA 1995)
- Swain v. Bernie Howell, 661 So. 2d 406 (Fla. 1st DCA 1995)
- Kiser v. State, 678 So. 2d 859 (Fla. 1st DCA 1996)
- Collier v. State, 729 So. 2d 954 (Fla. 1st DCA 1998)
- Ungerbuehler v. State, 729 So. 2d 954 (Fla. 1st DCA 1998)