DERRICK SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ALLEN, C.J.
The appellant challenges an order summarily denying a Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm the order except as to the claim based on counsel’s alleged failure to properly investigate and interview a potential defense witness. This was a facially sufficient claim in accordance with cases such as Marrow v. State, 715 So. 2d 1075 (Fla. 1st DCA 1998). Furthermore, this claim was not negated by the appellant’s plea, as the motion indicates that he would not have entered such a plea in the absence of the alleged failure. See Thom as v. State, 734 So. 2d 1188 (Fla. 1st DCA 1999). Because this claim is facially sufficient and is not refuted by the attachments to the appealed order, it should not have been summarily denied. The order is therefore reversed as to the denial of this claim, and the case is remanded for further proceedings as described in Marrow.
MINER and DAVIS, JJ., concur.
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Wilson v. State, 871 So. 2d 298 (Fla. 1st DCA 2004)…al counsel failed to depose the police officers who coerced his confession while he was in custody without advising him of his Miranda rights, as that allegation relates to the suppression issue raised in appellant’s first claim. See Smith v. State, 815 So. 2d 707, 707 (Fla. 1st DCA 2002) (holding that the appellant’s allegation that counsel failed to properly investigate a potential defense witness was facially sufficient and not negated by the appellant’s plea, as the appellant alleged that he would not hav…
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Gilbert v. State, 913 So. 2d 84 (Fla. 2d DCA 2005)…for his counsel’s failure to investigate Perez, who would have cast doubt as to his alleged willful and substantial violation of probation at a revocation hearing. This allegation sufficiently identified the requisite prejudice. See Smith v. State, 815 So. 2d 707, 707 (Fla. 1st DCA 2002) (holding that motion for postconvietion relief was legally sufficient where it alleged that defendant would not have entered plea if counsel had properly investigated a potential witness); Leonard v. State, 884 So. 2d 988, 9…
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FRY v. State, 217 So. 3d 1139 (Fla. 1st DCA 2017)…a of guilty, has long been held to constitute a facially sufficient attack upon the conviction.” MacKinnon v. State, 39 So. 3d 537, 538 (Fla. 5th DCA 2010) (quoting Williams % State, 717 So. 2d 1066,1066 (Fla. 2d DCA 1998)). See also Smith v. State, 815 So. 2d 707, 707-08 (Fla. 1st DCA 2002) (holding that the appellant’s claim was facially sufficient and not negated by his plea where appellant alleged that counsel failed to properly investigate a potential defense witness and that appellant would not have ent…
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- Marrow v. State, 715 So. 2d 1075 (Fla. 1st DCA 1998)