RAMSEY ETIENNE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Ramsey Etienne appeals his convictions for burglary with a firearm and robbery with a deadly weapon. The court affirmed his convictions but vacated his sentences as illegal under Heggs v. State, remanding for re-sentencing under the 1994 sentencing guidelines, and rejected his ineffective assistance of counsel claims as premature on direct appeal.
The sentences are illegal pursuant to Heggs v. State and are vacated for re-sentencing under the 1994 sentencing guidelines. Claims of ineffective assistance of counsel cannot be raised for the first time on direct appeal unless the facts appear on the record's face or show conflict of interest or prejudice, and Etienne's claims require factual determinations inappropriate for direct appeal.
[1] A sentence imposed under the 1995 sentencing guidelines is illegal if the defendant is entitled to relief under Heggs v. …
[2] A defendant sentenced under the 1995 sentencing guidelines is entitled to re-sentencing pursuant to the 1994 sentencing guidelines.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the defendant received an illegal sentence. Accordingly, the defendant's sentence is remanded for re-sentencing pursuant to the 1994 sentencing guidelines.”
Establishes the court's holding that the sentence violated Heggs v. State and must be vacated and remanded for re-sentencing under the correct guidelines.
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Join FLexlaw to unlock all legal intelligenceEtienne was convicted by jury of one count of burglary with a firearm and two counts of robbery using a deadly weapon in case no. 96-41679C, and sente…
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PER CURIAM.
In lower court case no. 96-41679C, a jury found defendant guilty of one count of burglary with a firearm and two counts of robbery using a deadly weapon. Defendant was sentenced to a term of 13 years with a 3 year minimum mandatory sentence under the 1995 sentencing guidelines. The state concedes that pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000), the defendant received an illegal sentence. Accordingly, the defendant’s sentence is remanded for re-sentencing pursuant to the 1994 sentencing guidelines. In the lower court case no. 96-13336, defendant entered a plea to a 13 year prison sentence to run concurrent to case no. 96-41679C. As to this sentence, defendant is likewise entitled to relief pursuant to Heggs. However, as to this case, the state should be given the option of proceeding to trial on the original charges or agreeing to have the defendant re-sentenced under the 1994 sentencing guidelines.
As to defendant’s allegations of ineffective trial counsel, adequacy of representation may not be raised for the first time on direct appeal unless the facts giving rise to such a claim are apparent on the face of the record, or conflict of interest or prejudice to the defendant is shown. See Whitaker v. State, 433 So. 2d 1352 (Fla. 3d DCA 1983); Stewart v. State, 420 So. 2d 862 (Fla.1982). The instant claims turn on factual determinations. See Henley v. State, 719 So. 2d 990/991 (Fla. 4th DCA 1998). Thus, we affirm, without prejudice to the appellant’s raising these issues by appropriate motion in the trial court, following the standards set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
Accordingly, the convictions at issue are affirmed, the sentences vacated, and the case remanded for reconsideration in conformity with this opinion.
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Smith v. State, 808 So. 2d 1256 (Fla. 3d DCA 2002)…ult. The only point raised on appeal is that trial counsel was ineffective. We are not convinced that the claim of ineffectiveness “is apparent on the face of the record.... ” Blanco v. Waimuright, 507 So. 2d 1377, 1384 (Fla.1987); Etienne v. State, 778 So. 2d 474 (Fla. 3d DCA 2001); Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997). We affirm the convictions and sentences, without prejudice to the appellant to file a motion for postconviction relief. We express no opinion on the merits of any such motion. (…
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Garcia v. State, 829 So. 2d 397 (Fla. 3d DCA 2002)…nse, we reverse the order now before us and remand for a hearing on that issue only. See Fla. R.App. P. 9.141(b)(2); Patton v. State, 784 So. 2d 380, 386 (Fla.2000); Lovett v. State, 773 So. 2d 574, 575 (Fla. 3d DCA 2000); see also Etienne v. State, 778 So. 2d 474, 475 (Fla. 3d DCA 2001); Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997).* The defendant contends that his adjudication as a habitual offender was erroneously based on a conviction in a circuit court case which belongs to another individual, not…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Stewart v. State, 420 So. 2d 862 (Fla. 1982)
- Henley v. State, 719 So. 2d 990 (Fla. 4th DCA 1998)
- Whitaker v. State, 433 So. 2d 1352 (Fla. 3d DCA 1983)