REINALDO ENCHAUTEQUI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the motion for post-conviction relief because the record did not conclusively refute the defendant's claim that his plea was involuntary.
Reinaldo Enchautequi sought post-conviction relief, arguing his plea was involuntary because he did not receive the low-end guidelines sentence he bel…
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PER CURIAM.
Reinaldo Enchautequi appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Enchautequi claimed that his plea was involuntary following the decision in Heggs v. State, 759 So. 2d 620 (Fla.2000), because he did not receive the low-end guidelines sentence that he argues was called for by his plea bargain. This is a facially sufficient claim under Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000) (en banc).
Enchautequi received a sentence of 96 months’ incarceration when his guidelines sentencing range under the 1995 guidelines was 96 to 160 months’ incarceration. Enchautequi’s range under the 1994 sentencing guidelines is 60.75 to 101.25 months’ incarceration.
The trial court denied relief, relying on a transcript of Enchautequi’s plea colloquy and on the written plea agreement. Both documents demonstrate that an agreement was reached between the parties for a sentence of 96 months. However, neither document demonstrates how the negotiations culminated in that figure nor what Enchautequi’s understanding was of that agreement. Standing by itself, the fact that Enchautequi’s sentence is at the bottom of the 1995 guidelines range is insufficient to establish that he has a valid claim for relief. Those documents therefore do not conclusively support or refute Enchautequi’s claim that his plea was involuntary because he did not receive the benefit of his bargain.
Accordingly, we reverse and remand for further proceedings. If the trial court should again summarily deny Enchaute-qui’s motion, it must attach those portions of the record that conclusively refute his claim.
Reversed and remanded for further proceedings.
WHATLEY, A.C.J., and NORTHCUTT and CASANUEVA, JJ., concur.
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Carvello v. State, 824 So. 2d 202 (Fla. 4th DCA 2002)…under the relevant 1994 guidelines and, thus, his pleas have been rendered involuntary following Heggs. This is a facially sufficient claim for postconviction relief. See Honeycutt v. State, 805 So. 2d 987 (Fla. 4th DCA 2001); Enchautequi v. State, 782 So. 2d 459 (Fla. 2d DCA 2001). With respect to timeliness of the motion, this court has held that defendants have two years from the issuance of the Heggs opinion in which to raise a claim in a 3.850 motion, as the facts on which the claim is predicated coul…
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Yurchis v. State, 799 So. 2d 1096 (Fla. 2d DCA 2001)…rchis had agreed to plead to a sentence that was determined to be legal under the 1994 sentencing guidelines. However, even though that is the case, Yurchis is still entitled to move to withdraw his plea pursuant to Murphy. See Enchautequi v. State, 782 So. 2d 459 (Fla. 2d DCA 2001). We, therefore, reverse the denial of this claim and remand for further proceedings. Yurchis also alleged that his score-sheet was improperly calculated, because a 1975 conviction was scored as prior record when he had no prior c…
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Jolly v. State, 805 So. 2d 969 (Fla. 2d DCA 2001)…claims that his plea is involuntary following the decision in Heggs, and he seeks to withdraw his plea or to be resen-tenced pursuant to Heggs. He has made a facially sufficient claim which the trial court has not refuted. See Enchautequi v. State, 782 So. 2d 459 (Fla. 2d DCA 2001). Jolly’s sentence of sixty months could not have been imposed, absent a departure, under the 1994 sentencing guidelines. If his plea was not negotiated, he is entitled to be resentenced. If the plea was negotiated, he must be gi…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Pagliaro v. Penske Auto Ctrs., Inc., 773 So. 2d 1174 (Fla. 2d DCA 2000)