JOSE LUCIO CHACON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jose Chacon appeals the denial of his Rule 3.850 postconviction motion alleging his trial counsel was ineffective in advising him that a nonjury trial would result in a more lenient sentence, causing him to waive his jury trial right. The appellate court holds that such claims state facially sufficient grounds for postconviction relief and reverses in part.
The court holds that Chacon's claim of ineffective counsel regarding erroneous advice about jury trial consequences states a facially sufficient claim for postconviction relief, as does his related claim that his jury trial waiver was not freely and knowingly given. The trial court properly considered the amended motion on its merits.
[1] A trial court may address an amended postconviction motion on its merits even if the defendant fails to provide justification for not including additional grounds in the…
[2] A facially sufficient claim for postconviction relief is stated when a defendant alleges counsel erroneously advised them that a nonjury trial would result in a more leni…
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Join FLexlaw to unlock all legal intelligence“Chacon's allegations state a facially sufficient claim for relief under rule 3.850.”
Establishes that the trial court erred in dismissing claims of ineffective counsel regarding jury trial advice as legally insufficient.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceChacon was convicted and sentenced following a nonjury trial. His counsel allegedly advised him that accepting a nonjury trial would result in a more …
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PER CURIAM.
Jose Chacon appeals the order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and his amended motion for postconviction relief which raised additional issues. Although the trial court found that Chacon did not provide any justification for his failure to include the additional grounds in his first motion, the trial court did not deny the amended motion as procedurally barred. Because the trial court did not deny the motion on this ground but rather addressed it on its merits, we do as well. See, e.g., McConn v. State, 708 So. 2d 308 (Fla. 2d DCA 1998)(holding that a trial court may allow a timely amendment to a postconviction motion where no judicial labor has been expended).
In his amended motion Chacon alleges that his counsel was ineffective in erroneously advising him that he would receive a more lenient sentence if he agreed to a nonjury trial and that but for this advice he would have proceeded to trial by jury. Chacon’s allegations state a facially sufficient claim for relief under rule 3.850. See, e.g., Davis v. State, 697 So. 2d 957 (Fla. 2d DCA 1997) (holding that defendant’s claim that his counsel’s incorrect advice about the consequences of a plea bargain led him to enter a plea stated a facially sufficient claim for postconviction relief); Lara v. State, 528 So. 2d 984 (Fla. 3d DCA 1988) (recognizing implicitly that defendant’s claim that his counsel was ineffective in advising him to waive trial, by jury was cognizable in a postconvietion motion but finding that in that case the advice was a legitimate strategic decision).
Chacon makes the related claim that, as a result of this erroneous advice, his waiver of his right to a jury trial was not freely and knowingly given. This claim is also cognizable in a postconviction motion. See, e.g., Parker v. State, 636 So. 2d 794 (Fla. 1st DCA 1994) (holding that the claim that a defendant’s waiver of her right to a jury trial was not freely and knowingly given should be raised in a postconviction motion).
Therefore, we reverse on these issues.
We affirm the trial court’s order in all other respects.
Affirmed in part; reversed in part; and remanded.
BLUE, A.C.J., and WHATLEY and GREEN, JJ., Concur.
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Peoples v. State, 251 So. 3d 291 (Fla. 1st DCA 2018)
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Elmore v. State, 782 So. 2d 1016 (Fla. 4th DCA 2001)…alleging assault of Alex Cox with a firearm, but affirm the other convictions. We have not considered appellant’s challenges to the voluntariness of his waivers of jury trial on those charges, as they should be raised by rule 3.850. Chacon v. State, 735 So. 2d 569, 570 (Fla. 2d DCA 1999). DELL, STONE and KLEIN, JJ„ concur.…
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Norton v. State, 851 So. 2d 862 (Fla. 2d DCA 2003)…f you go with a jury, the jury will hang you.” Norton further alleged that she would not have waived her right to a jury trial had counsel not given her that advice. This is a facially sufficient claim for postconviction relief. See Chacon v. State, 735 So. 2d 569 (Fla. 2d DCA 1999). In its order, the trial court failed to refute Norton’s claim. The trial court stated that “the Court, not the jury, was going to sentence the Defendant whether she decided to be tried by the jury or by the Court. When a postco…
Authorities Cited
- McCONN v. State, 708 So. 2d 308 (Fla. 2d DCA 1998)
- Parker v. State, 636 So. 2d 794 (Fla. 1st DCA 1994)
- Davis v. State, 697 So. 2d 957 (Fla. 2d DCA 1997)
- Lara v. State, 528 So. 2d 984 (Fla. 3d DCA 1988)