CHARLES KENNETH MURPHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Charles Kenneth Murphy appeals the denial of his postconviction motion for ineffective assistance of counsel regarding plea negotiations. The appellate court affirms three of Murphy's claims without discussion but reverses and remands the fourth claim concerning failure to advise of HFO sentencing penalties.
The court held that Murphy stated a facially sufficient claim of ineffective assistance of counsel regarding the fourth claim concerning failure to advise of HFO penalties, and remanded for an evidentiary hearing. The three other claims were affirmed without discussion.
[1] A defendant is inherently prejudiced by the inability to make an informed decision regarding a plea bargain due to counsel's neglect.
[2] To establish ineffective assistance of counsel regarding the rejection of a plea offer, a defendant must prove that counsel failed to communicate the offer or misinformed…
Previewing 2 of 3 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“Defense counsel can be ineffective in failing to properly advise the defendant of a plea offer.”
Establishes the legal standard for ineffective assistance claims involving plea negotiations
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn October 12, 2001, a jury convicted Murphy of grand theft and the trial court sentenced him as a habitual felony offender (HFO) to forty-eight month…
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VILLANTI, Judge.
Charles Kenneth Murphy appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm three of Murphy’s claims without discussion, but we reverse and remand for further proceedings on his fourth claim.
On October 12, 2001, a jury convicted Murphy of grand theft, and the trial court' sentenced him as a habitual felony offender (HFO) to forty-eight months in prison. In his motion, Murphy alleged that before trial, the State offered a sentence of three years’ probation in exchange for his plea. Murphy alleged that his trial counsel was ineffective during the plea negotiation because he failed to advise Murphy that he could face HFO penalties if he rejected the offer. Defense counsel can be ineffective in failing to properly advise the defendant of a plea offer. Eristma v. State, 766 So. 2d 1095 (Fla. 2d DCA 2000). A defendant is inherently prejudiced by his inability, due to his counsel’s neglect, to make an informed decision whether to plea bargain. Cottle v. State, 733 So. 2d 963 (Fla.1999). When the alleged ineffectiveness concerns the rejection of a plea offer, the defendant must prove: “(1) counsel failed to communicate a plea offer or misinformed defendant concerning the penalty faced, (2) defendant would have accepted the plea offer but for the inadequate notice, and (3) acceptance of the State’s plea offer would have resulted in a lesser sentence.” Id. at 967.
Here, Murphy alleged that his counsel neglected to inform him of the HFO penalties he could face if he rejected the plea offer and proceeded to trial. He also claimed that he would have accepted the plea offer had he been properly advised of these penalties and that acceptance of the offer would have resulted in a lesser sentence of three years’ probation with no HFO penalties. Therefore, Murphy alleged a facially sufficient claim of ineffective assistance of counsel. See id. Accordingly, we reverse and remand for the trial court to hold an evidentiary hearing on this claim.
Affirmed in part; reversed in part; and remanded.
STRINGER and KELLY, JJ., Concur.
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Citator
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Roundtree v. State, 884 So. 2d 322 (Fla. 2d DCA 2004)…f the possible penalties and that acceptance of the offer would have resulted in a lesser sentence of fifty-four months in prison with no PRR designation. This is a facially sufficient claim of ineffective assistance of counsel. See Murphy v. State, 869 So. 2d 1228 (Fla. 2d DCA 2004). The trial court’s order did not refute this claim. Accordingly, we reverse and remand for the trial court to reconsider the claim and either attach portions of the record that conclusively refute the claim or conduct an evidentia…
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Smith v. State, 909 So. 2d 972 (Fla. 2d DCA 2005)…a offer or misinformed defendant concerning the penalty faced, (2) defendant would have accepted the plea offer but for the inadequate notice, and (3) acceptance of the State’s plea offer would have resulted in a lesser sentence.’ ” Murphy v. State, 869 So. 2d 1228, 1229 (Fla. 2d DCA 2004) (quoting Cottle v. State, 733 So. 2d 963, 967 (Fla.1999)). Smith’s claim contains each of those elements. Accordingly, the postcon-viction court erred in determining that the claims were facially insufficient. On remand, i…
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Pink v. Sec'y, Dep't of Corr. (Hillsborough County) (M.D. Fla. 2021)…or misinformed defendant concerning the penalty faced, (2) defendant would have accepted the plea offer but for the inadequate notice, and (3) acceptance of the State’s plea offer would have resulted in a lesser sentence.” Murphy v. State, 869 So. 2d 1228, 1229 (Fla. 2d DCA 2004) (quoting Cottle v. State, 733 So. 2d 963, 967 (Fla. 1999)). Here, the Court finds that Defendant failed to meet his burden. At the evidentiary hearing, Defendant testified as follows with regard to discussions he had with […
Authorities Cited
- Cottle v. State, 733 So. 2d 963 (Fla. 1999)
- Dieu-Vieu Eristma v. State, 766 So. 2d 1095 (Fla. 2d DCA 2000)