CHARLES L. PEFFLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's claims of ineffective assistance of counsel regarding jury instructions were legally sufficient and not refuted by the record.
The defendant was convicted of attempted second-degree murder and appealed the summary denial of his post-conviction relief motion. He argued his tria…
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PER CURIAM.
Charles L. Peffley appeals from the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of two of Peffley’s issues.
Peffley was charged with and, after a jury trial, convicted of attempted second degree murder. Peffley alleges that his trial counsel was ineffective for not requesting an instruction on attempted voluntary manslaughter, and for objecting to the trial court’s offer to instruct on aggravated battery as a lesser included offense. We find both issues legally sufficient and not refuted by the record provided. See State v. Wimberly, 498 So. 2d 929 (Fla. 1986); Sims v. State, 740 So. 2d 1256 (Fla. 1st DCA 1999); Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995).
Accordingly, we reverse and remand on this issue for the trial court to attach portions of the record that conclusively refute appellant’s claim or to hold an evidentiary hearing. We affirm the trial court’s summary denial as to all other grounds raised in the motion.
DELL, STEVENSON and HAZOURI, JJ., concur.
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Philip C. D'Angelo, M.D. v. Fitzmaurice, 863 So. 2d 311 (Fla. 2003)…T ALLEGEDLY JOINTLY AND SEVERALLY LIABLE FOR ECONOMIC DAMAGES, SHOULD THE SETTLEMENT PROCEEDS APPORTIONABLE TO ECONOMIC DAMAGES BE SET OFF AGAINST ANY AWARD FOR ECONOMIC DAMAGES EVEN IF THE SETTLING DEFENDANT IS NOT FOUND LIABLE? Schnepel v. Gouty, 766 So. 2d 418, 419 (Fla. 1st DCA 2000) (emphasis added), quashed, 795 So. 2d 959 (Fla.2001). This Court answered the certified question in the negative and stated: “We conclude, following our reasoning in Wells, that the applicability of the setoff statutes is pr…
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Sanders v. State, 946 So. 2d 953 (Fla. 2006)…t DCA 2000); Hill, 788 So. 2d at 315; Critton v. State, 668 So. 2d 242 (Fla. 1st DCA 1996); Kennedy v. State, 637 So. 2d 987 (Fla. 1st DCA 1994); and Bateson v. State, 516 So. 2d 280 (Fla. 1st DCA 1987)). It certified conflict with Peffley v. State, 766 So. 2d 418 (Fla. 4th DCA 2000), Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995), and Newton v. State, 527 So. 2d 876 (Fla. 2d DCA 1988). Sanders, 847 So. 2d at 508. II. ANALYSIS The defendants in these cases argue that their defense counsel were consti…
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Gouty v. Schnepel, 795 So. 2d 959 (Fla. 2001)…T ALLEGEDLY JOINTLY AND SEVERALLY LIABLE FOR ECONOMIC DAMAGES, SHOULD THE SETTLEMENT PROCEEDS APPORTIONABLE TO ECONOMIC DAMAGES BE SET OFF AGAINST ANY AWARD FOR ECONOMIC DAMAGES EVEN IF THE SETTLING DEFENDANT IS NOT FOUND LIABLE? Schnepel v. Gouty, 766 So. 2d 418, 419 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the following reasons, we answer the certified question in the negative and quash the First District’s decision. BACKGROUND After being injured by a bullet from…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Wimberly, 498 So. 2d 929 (Fla. 1986)
- Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)
- Sims v. State, 740 So. 2d 1256 (Fla. 1st DCA 1999)