JAMES MICHAEL HAWLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Michael Hawley appeals the summary denial of his postconviction motion claiming his nolo contendere plea was unknowing and involuntary because his trial attorney incorrectly assured him that all issues reserved in the plea agreement would be reviewed on appeal. The court reversed and remanded for an evidentiary hearing, finding the claim sufficiently alleged ineffective assistance of counsel based on erroneous advice regarding appellate rights.
Hawley's claim sufficiently alleges ineffective assistance of counsel because the voluntariness of a plea can be undercut by erroneous advice regarding appellate rights. Because the record attachments do not conclusively rebut the claim, Hawley is entitled to an evidentiary hearing.
[1] A defendant's plea may be rendered unknowing and involuntary if counsel provides erroneous advice regarding the defendant's appellate rights.
[2] A claim that counsel assured a defendant that all issues identified in a plea agreement would be reviewed on appeal sufficiently alleges ineffective assistance of counsel…
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Join FLexlaw to unlock all legal intelligence“the voluntariness of a plea can be undercut if the decision to plead is influenced by erroneous advice regarding the defendant's appellate rights.”
Establishes the legal standard that counsel's incorrect advice about what will be appealed can render a plea involuntary
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Join FLexlaw to unlock all legal intelligenceHawley pleaded nolo contendere on November 20, 1996 to sexual battery, armed kidnaping, and grand theft auto. As part of the plea agreement, he specif…
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PER CURIAM.
James Michael Hawley appeals the summary denial of his motion for postconviction relief, asserting ineffective assistance of counsel rendered his plea unknowing and involuntary. See Fla. R.Crim. P. 3.850(a). We reverse and remand for an evidentiary hearing.
Appellant pleaded nolo contendere on November 20, 1996 to sexual battery, armed kidnaping, and grand theft auto. As part of a plea agreement, he specifically reserved for appeal two extensions of his speedy trial period, the denial of his motion to discharge, and the granting of the state’s motions for continuance and consolidation. On direct appeal, this court affirmed the trial court’s order extending for sixty days the time for trying appellant, and the denial of his motion for discharge, but we declined to decide whether the trial court erred in granting the state’s motions for continuance, consolidation, or in extending the speedy trial period a second time; we concluded these issues were not dispositive because they were not preserved for review. See Hawley v. State, 702 So. 2d 1357, 1358 (Fla. 1st DCA 1997). The mandate issued January 6, 1998.
In his motion for post-conviction relief, filed April 2, 1999, appellant claimed that his trial attorney rendered ineffective assistance of counsel by assuring him that all the issues identified in the plea agreement would be reviewed on appeal. This claim sufficiently alleges ineffective assistance of counsel. See Helms v. State, 573 So. 2d 116, 117 (Fla. 2d DCA 1991) (holding that “the voluntariness of a plea can be undercut if the decision to plead is influenced by erroneous advice regarding the • defendant’s appellate rights.”); see also Hobbs v. State, 790 So,.2d 1164, 1166 (Fla. 4th DCA 2001) (stating that the appellant asserted a sufficient claim of ineffective assistance of counsel by alleging that his counsel had led him to believe that he could appeal an issue which had not been expressly reserved as part of his nolo plea); Levine v. State, 788 So. 2d 379, 380 (Fla. 4th DCA 2001). “While it is certainly possible [appellant] appreciated that he risked dismissal or summary affirmance of his appeal, so is there the possibility that he reasonably relied upon poor advice from counsel.” Helms, 573 So. 2d at 116. Because the record attachments do not conclusively rebut appellant’s claim, appellant is entitled to an evidentiary hearing. See id. at 116 (“[W]e believe that the extent of Helm’s understanding is a matter best addressed at an evidentiary hearing.”).
REVERSED and REMANDED.
ALLEN, C.J., and BENTON, J., concur; PADOVANO, J., dissents.
PADOVANO, J.,
dissenting.
The defendant’s postconviction motion does not contain an adequate allegation of prejudice. See Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). For this reason, I respectfully dissent.
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Brock R. Shade v. State, 59 So. 3d 1214 (Fla. 5th DCA 2011)…4 (1984), are met. See Merkison v. State, 1 So. 3d 279, 281 (Fla. 1st DCA 2009). A claim that a defendant was induced to enter a plea upon counsel’s erroneous advice that an issue was preserved for appeal is facially sufficient. See Hawley v. State, 822 So. 2d 552 (Fla. 1st DCA 2002). “[T]he voluntariness of a plea can be undercut if the decision to plead is influenced by erroneous advice regarding the defendant’s appellate rights.” Helms v. State, 573 So. 2d 116, 116 (Fla. 2d DCA 1991). [*1216] In this case,…
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Hawley v. State, 877 So. 2d 865 (Fla. 1st DCA 2004)…ues for appeal, because Hawley had entered into the plea agreement with the understanding that he would have the right to appeal such issues. The trial court summarily denied the motion, but, on appeal from the order, this court, in Hawley v. State, 822 So. 2d 552 (Fla. 1st DCA 2002), reversed and remanded the case for an evidentiary hearing, holding that Hawley had sufficiently alleged a prima facie ground for relief. See, e.g., Seaborne v. State, 789 So. 2d 1244 (Fla. 1st DCA 2001); Levine v. State, 788 So.…
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Kevyn L. Terry v. State, 221 So. 3d 786 (Fla. 1st DCA 2017)…on for continuance was a dispos-itive issue that would be reviewable on appeal, Appellant asserted that but for this misadvice, he would' have gone to trial. Appellant has sufficiently alleged ineffective assistance of counsel. See Hawley v. State, 822 So. 2d 552, 553 (Fla. 1st DCA 2002). Because the record on appeal does not conclusively refute Appellant’s allegations, the State properly concedes that the summary denial of this claim must be reversed and the matter remanded for the attachment of portions of…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985)
- Levine v. State, 788 So. 2d 379 (Fla. 4th DCA 2001)
- Helms v. State, 573 So. 2d 116 (Fla. 2d DCA 1991)
- Alton Hobbs v. State, 790 So. 2d 1164 (Fla. 4th DCA 2001)
- Hawley v. State, 702 So. 2d 1357 (Fla. 1st DCA 1997)