EDDIE L. COWART, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2004-02-04
No. 3D03-740
Before SCHWARTZ, C.J, and COPE and SHEVIN, JJ.
864 So. 2d 583 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 7 cases
Topics
Plea Offer Rejection Habitual Offender Sentencing Motion For Postconviction Relief Evidentiary Hearing

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Eddie Lee Cowart appeals an order denying his motion for postconviction relief. We remand for an evidentiary hearing (or attachment of record excerpts refuting his claim) on. one issue only. As we interpret the motion, defendant-appellant Cowart contends that his trial counsel affirmatively misadvised him that he did not qualify as a habitual offender. The defendant maintains that based on this misadvice, he rejected a favorable twenty-four-month plea offer which had been made by the State. Upon conviction the court sentenced him to twenty years as a habitual offender. As the record now before us does not conclusively refute the defendant’s claim, we remand for an evidentiary hearing on that issue only. See Fla. RApp. P. 9.141(b)(2)(D). We express no opinion on the merits of the claim.

We affirm the trial court’s rejection of the defendant’s remaining claims.

Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Colon v. State, 909 So. 2d 484 (Fla. 5th DCA 2005)
    …t misinformation supplied by counsel induced a defendant to reject a favorable plea offer can constitute actionable ineffective assistance of counsel.” Steel v. State, 684 So. 2d 290, 291 (Fla. 4th DCA 1996) (citations omitted); see Cowart v. State, 864 So. 2d 583 (Fla. 3d DCA 2004) (“As we interpret the motion, defendant-appellant Cowart contends that his trial counsel affirmatively misadvised him that he did not qualify as a habitual offender. The defendant maintains that based on this misadvice, he rejecte…
  • Kenson Louima v. State, 247 So. 3d 564 (Fla. 4th DCA 2018)
    …he defendant that he or she does not qualify as a habitual offender if a plea is rejected. See, e.g., Alcorn; Ramos v. State, 141 So. 3d 643, 644-45 (Fla. 4th DCA 2014); Jackson v. State, 987 So. 2d 233, 234 (Fla. 4th DCA 2008); Cowart v. State, 864 So. 2d 583, 585 (Fla. 3d DCA 2004). This case presents a claim of misadvice as to factual information which was necessary to allow the defendant to weigh whether to accept the plea offer. Counsel misinformed the appellant that the lesser included offen…
  • Harris v. State, 974 So. 2d 1149 (Fla. 3d DCA 2008)
    …Steel, 684 So. 2d at 291 (finding that a claim that misinformation supplied by counsel induced a defendant to reject a favorable plea offer can constitute actionable ineffective assistance of counsel, requiring evidentiary hearing); Cowart v. State, 864 So. 2d 583 (Fla. 3d DCA 2004) (based on counsel’s misadvice, defendant rejected a favorable twenty-four-month plea offer and the court subsequently sentenced him to twenty years as a habitual offender. As the record did not conclusively refute the defendant’s…

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