TONY L. WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tony Wilson appeals the summary denial of his postconviction relief motion challenging his 1985 conviction. The court affirmed dismissal of his claim that trial counsel failed to advise of sentence-enhancement consequences but reversed and remanded regarding his ineffective assistance claims based on failure to investigate an intoxication defense.
The court affirmed that counsel has no duty to advise of collateral consequences like sentence enhancement, making the first claim facially insufficient. However, the court reversed regarding the intoxication defense claims because the trial court failed to rule on their timeliness or merits, and remanded for the trial court to address whether summary denial is proper and whether the doctrine of laches applies.
[1] Trial counsel is not required to advise a defendant of the collateral consequences of a plea, including the potential enhancement of sentences for future crimes.
[2] A claim that trial counsel failed to advise a defendant of the potential sentence-enhancing effect of a plea does not constitute ineffective assistance or render the plea…
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Join FLexlaw to unlock all legal intelligence“trial counsel is not required to advise a defendant of the collateral consequences of a plea, including the potential enhancement of sentences for future crimes”
Establishes the legal rule that counsel has no duty to warn of sentence-enhancement consequences, making Wilson's first claim insufficient as a matter of law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilson was convicted in 1985 of burglary of a conveyance, escape, and resisting arrest without violence after entering no contest pleas. Fifteen years…
The full statement of facts, procedural history, and disposition for this case are member content.
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SILBERMAN, Judge.
Tony L. Wilson appeals the summary denial of his motion for postconviction relief. We affirm in part, reverse in part, and remand for further proceedings.
In 1985, after entering no contest pleas, Wilson was convicted of burglary of a conveyance, escape, and resisting arrest without violence. Fifteen years later, he filed his motion for postconviction relief and an addendum to the motion. In the original motion, Wilson claimed that trial counsel failed to advise him that his plea could result in the enhancement of sentences that he might receive for future crimes. We affirm the trial court’s conclusions that the claim was timely under Wood v. State, 750 So. 2d 592 (Fla.1999), but that it was facially insufficient. The trial court correctly observed that trial counsel is not required to advise a defendant of the collateral consequences of a plea, including the potential enhancement of sentences for future crimes. See Major v. State, 814 So. 2d 424, 431 (Fla.2002); Stansel v. State, 825 So. 2d 1007, 1009 (Fla. 2d DCA 2002). Thus, trial counsel’s alleged failure to advise Wilson of the potential sentence-enhancing effect of his plea does not constitute ineffective assistance or render Wilson’s plea involuntary as a matter of law. See Bethune v. State, 774 So. 2d 4 (Fla. 2d DCA 2000).
In his addendum, Wilson alleged the ineffective assistance of trial counsel based on counsel’s failure to advise Wilson of a potential intoxication defense and his failure to investigate, locate, or subpoena witnesses who would have established that Wilson was intoxicated prior to and during his commission of the crimes. The State responded that the claims were not timely under Wood and that Wilson failed to explain any reason for the delay in bringing the claims. In its appellate brief, the State also argued that the doctrine of laches would bar the claims.
Although the trial court’s order denies postconviction relief, it is silent as to the claims raised in Wilson’s addendum. The record does not otherwise indicate that the trial court ruled on the timeliness or the merits of the claims presented in the addendum or that the trial court considered the applicability of the doctrine of laches.
Accordingly, we reverse the trial court’s order to the extent that it disposes of the claims raised in the addendum to Wilson’s motion and remand for the trial court to address those claims. If the trial court determines that summary denial is proper, it must set forth its rationale or attach those portions of the record that refute the claims. See Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993); Hoffman v. State, 571 So. 2d 449, 450 (Fla.1990). To the extent that the doctrine of laches may bar relief, we note that “Application of the doctrine often involves factual issues that are not properly resolved without an evidentiary hearing.” Love v. State, 814 So. 2d 475, 478 (Fla. 4th DCA 2002); see also Williams v. State, 828 So. 2d 443 (Fla. 2d DCA 2002).
Affirmed in part, reversed in part, and remanded.
FULMER and STRINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wood v. State, 750 So. 2d 592 (Fla. 1999)
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Daron Merritt v. State, 814 So. 2d 424 (Fla. 2002)
- Hoffman v. State, 571 So. 2d 449 (Fla. 1990)
- Stansel v. State, 825 So. 2d 1007 (Fla. 2d DCA 2002)
- LaMarr Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002)
- Bethune v. State, 774 So. 2d 4 (Fla. 2d DCA 2000)
- Williams v. State, 828 So. 2d 443 (Fla. 2d DCA 2002)
- Gordon v. State, 828 So. 2d 443 (Fla. 2d DCA 2002)