CHRISANDRA SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed summary denial of ineffective assistance of counsel claim where defendant told counsel she was intoxicated and had documented drug abuse history, warranting evidentiary hearing on voluntary intoxication defense.
Counsel's failure to explore voluntary intoxication defense warrants an evidentiary hearing when defendant informed counsel of intoxication and had documented substance abuse history.
[1] Ineffective assistance of counsel claim based on failure to explore voluntary intoxication defense requires evidentiary hearing when defendant informed counsel of intoxic…
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Join FLexlaw to unlock all legal intelligenceChrisandra Scott appealed the summary denial of her Rule 3.850 motion claiming ineffective assistance of counsel for failing to consider a voluntary i…
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SALCINES, Judge.
Chrisandra Scott appeals the summary denial of her motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand on one claim and affirm without comment on all others.
Scott claims that counsel was ineffective for failing to consider the defense of voluntary intoxication. In Straitwell v. State, 834 So. 2d 918 (Fla. 2d DCA 2003), this court held that, for purposes of a postcon-viction motion for relief, the appellant must show either that he told his attorney that he was intoxicated at the time of the offense or that he told his attorney of his addiction and there was record evidence that should have alerted his attorney to a possible intoxication at the time of the offense. Straitwell, 834 So. 2d at 920 (citing Boehm v. State, 776 So. 2d 332, 333 (Fla. 4th DCA 2001)). Scott told counsel that she was voluntarily intoxicated, and the record reveals that she has a documented history of drug abuse. An evidentiary hearing is warranted to determine whether counsel was ineffective for failing to discuss and explore with Scott the possibility of utilizing a voluntary intoxication defense. See Straitwell, 834 So. 2d 918. Therefore, we reverse and remand for further proceedings.
Affirmed in part, reversed in part, and remanded.
WHATLEY and NORTHCUTT, JJ., Concur.
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Citator
Authorities Cited
- Straitwell v. State, 834 So. 2d 918 (Fla. 2d DCA 2003)
- Boehm v. State, 776 So. 2d 332 (Fla. 4th DCA 2001)