DIEGO MUNOZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Diego Munoz appealed the trial court's summary denial of his Rule 3.850 motion for postconviction relief claiming ineffective assistance of counsel. The court affirmed the denial of most claims but reversed and remanded regarding counsel's failure to inform him of a temporary insanity defense, finding a factual dispute requiring an evidentiary hearing.
The trial court properly summarily denied most ineffective assistance claims, but erred in summarily denying the insanity defense claim. The case must be remanded for the trial court to either attach records that conclusively refute the allegation or conduct an evidentiary hearing.
[1] A trial court errs in summarily denying a postconviction relief claim alleging ineffective assistance of counsel for failing to inform the defendant about a possible temp…
[2] A defendant's assertion that counsel was aware of prior mental problems and drug use, coupled with a psychiatrist's report concluding the defendant was likely insane at t…
Previewing 2 of 4 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 trial court erred in summarily denying appellant's claim that counsel rendered ineffective assistance in failing to inform him about the possible defense of temporary insanity”
Establishes the core holding that summary denial was improper for this particular ineffective assistance claim
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Join FLexlaw to unlock all legal intelligenceMunoz pled guilty to second degree murder and was sentenced to twenty-six years imprisonment. During the plea colloquy, his trial counsel stated that …
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PER CURIAM.
Diego Munoz appeals from the trial court’s order summarily denying his rule 3.850 motion for postconviction relief.
Appellant pled guilty to second degree murder and was sentenced to twenty-six years imprisonment. He sought a belated appeal, which we denied on December 1, 1998.
Subsequently, Munoz filed a motion for postconviction relief alleging ineffective assistance of trial counsel on seven grounds. All but one of appellant’s ineffective assistance of counsel claims were correctly summarily denied by the trial court. However, the trial court erred in summarily denying appellant’s claim that counsel rendered ineffective assistance in failing to inform him about the possible defense of temporary insanity. In his motion, appellant asserted that he did not believe a defense of insanity was available because his counsel, during the plea colloquy, said “that neither psychiatrist appointed saw competency or insanity issues, or it would have been filed.” He also asserted that counsel was aware of appellant’s prior mental problems and drug use. Additionally, in his motion for rehearing of the trial court’s order of denial of his 3.850 motion, appellant attached a copy of a report from one of the psychiatrists who examined him. In that report, the doctor concluded that appellant “was likely insane at the time of the alleged offense.”
As the state concedes, the case should be remanded to the trial court for attachment of the records which conclusively refute this allegation or for an evidentiary hearing. See Easley v. State, 742 So. 2d 463 (Fla. 2d DCA 1999) (finding that the defendant was entitled to an evidentiary hearing on 3.850 claim of ineffective assistance in counsel’s failure to investigate insanity defense, in light of psychiatrist’s trial testimony that defendant had a history of severe depression, had at least one psychotic episode in the past, would sometimes dissociate, was on several psychotropic medications at the time of the offense, and did not have the ability to “premeditate or reflect” on her actions when she shot the victims); Saunders v. State, 704 So. 2d 224 (Fla. 4th DCA 1998).
Therefore, the order denying appellant’s motion for postconviction relief is reversed as to this claim only, and the case is remanded to the trial court for attachment of the records which conclusively refute the allegations raised, or for an evidentiary hearing.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
GUNTHER, FARMER and SHAHOOD, JJ., concur.
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Benny Watts v. State, 136 So. 3d 1225 (Fla. 1st DCA 2014)…te them. See, e.g., Childers v. State, 782 So. 2d 513 (Fla. 1st DCA 2001); McAroy v. State, 597 So. 2d 984 (Fla. 1st DCA 1992); Spencer v. State, 889 So. 2d 868 (Fla. 2d DCA 2004); Stinyard v. State, 870 So. 2d 78 (Fla. 2d DCA 2003); Munoz v. State, 819 So. 2d 874 (Fla. 4th DCA 2002); Forster v. State, 779 So. 2d 550 (Fla. 2d DCA 2001). The lower court did not attach portions of the record showing that an insanity defense would not have been viable for appellant. If it was a viable defense, and defense coun…
Authorities Cited
- Easley v. State, 742 So. 2d 463 (Fla. 2d DCA 1999)
- Totta v. State, 704 So. 2d 224 (Fla. 4th DCA 1998)