JEFFREY HARLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying an evidentiary hearing on the claim of ineffective assistance of counsel and that resentencing is required due to an unconstitutional sentencing act.
Appellant sought post-conviction relief, alleging ineffective assistance of counsel for failure to investigate an intoxication defense and that he was…
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PER CURIAM.
Jeffrey Harley appeals the trial court’s order denying his motion for post-conviction relief. We reverse on two points.
Harley’s claim that counsel’s failure to investigate an intoxication defense constituted ineffective assistance of trial counsel and requires an evidentiary hearing. Harley alleges sufficient facts to support the claim, i.e., he was intoxicated when the crimes occurred and he told his attorney of his intoxication.
The trial court accepted the state’s position that trial counsel’s failure to raise a voluntary intoxication defense was a strategic decision and the defense was inconsistent with the trial defense of misidentification. Generally, an evidentiary hearing is required to conclude that action or inaction was a strategic decision. See Sampson v. State, 751 So. 2d 602 (Fla. 2d DCA 1998). This case is remanded for the trial to conduct an evidentiary hearing in connection with that claim.
At the very least resentencing is required. Harley contends that he was sentenced under the “Officer Evelyn Gort and All Fallen Officers Career Criminal Act of 1995”. That Act has been held to be unconstitutional, and Harley’s crimes occurred within the window period as set forth by this court. State v. Thompson, 750 So. 2d 643 (Fla.1999); Salters v. State, 731 So. 2d 826 (Fla. 4th DCA 1999).
GUNTHER, FARMER and HAZOURI, JJ., concur.
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Donnie K. Sassnett v. State, 838 So. 2d 650 (Fla. 1st DCA 2003)…ormation, but that counsel did not investigate an intoxication defense. These allegations are sufficient to warrant further inquiry regarding counsel’s strategy on such issue. See Hester v. State, 732 So. 2d 331 (Fla. 1st DCA 1998); Harley v. State, 753 So. 2d 693 (Fla. 4th DCA 2000); Griggs v. State, 744 So. 2d 1145 (Fla. 4th DCA 1999). Fourth, appellant claims ineffective assistance of counsel by not properly investigating and preparing the misidentifi-cation defense in that counsel failed to obtain a stor…
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Walker v. State, 792 So. 2d 604 (Fla. 4th DCA 2001)…ached to the State’s response which were incorporated into the trial court’s order of summary denial. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Palau v. State, 782 So. 2d 969 (Fla. 4th DCA 2001); Harley v. State, 753 So. 2d 693 (Fla. 4th DCA 2000); Kelly v. State, 712 So. 2d 780 (Fla. 2d DCA 1998). Generally, an evidentiary hearing is required to conclude that action or inaction was a strategic decision. See Sampson v. State, 751 So. 2d 602 (Fla. 2d DCA 1998). We find th…
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Evelio A. Palau v. State, 782 So. 2d 969 (Fla. 4th DCA 2001)…The circuit court denied appellant’s claim of ineffective assistance based on his trial counsel’s alleged failure to investigate and present a defense of voluntary intoxication. We find that this claim is facially sufficient, see Harley v. State, 753 So. 2d 693 (Fla. 4th DCA 2000); Kelly v. State, 712 So. 2d 780 (Fla. 2d DCA 1998), and was not conclusively refuted with record attachments. As to appellant’s claim that the thirty-year minimum-mandatory sentence term is improper, the state and the circuit cou…
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
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Salters v. State, 731 So. 2d 826 (Fla. 4th DCA 1999)
- Vining v. Segal, 731 So. 2d 826 (Fla. 3d DCA 1999)
- Sampson v. State, 751 So. 2d 602 (Fla. 2d DCA 1998)