EMMANUEL CHARLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Ineffective Assistance Of Trial Counsel cases and more on FLexlaw
PER CURIAM.
Appellant Emmanuel Charles was convicted of six counts of robbery with a firearm and was sentenced to concurrent terms of twenty-five years in prison. Here, he appeals the trial court’s summary denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of all claims except for claim six, in which Charles alleged ineffective assistance of trial counsel for failure to request jury instructions on permissive lesser included offenses such as aggravated assault, aggravated battery and grand theft. Appellant’s claim was colorable under rule 3.850, and the trial court erred in summarily denying it without conducting an evidentiary hearing or attaching portions of the record to refute it. See Willis v. State, 840 So. 2d 1135 (Fla. 4th DCA 2003); Smith v. State, 807 So. 2d 755 (Fla. 4th DCA 2002); Peffley v. State, 766 So. 2d 418 (Fla. 4th DCA 2000). We acknowledge conflict with the First District on this issue, as we did in Willis, 840 So. 2d at 1137.
AFFIRMED in part, REVERSED in part and REMANDED.
KLEIN, STEVENSON and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Wylie M. Vickery, 961 So. 2d 309 (Fla. 2007)…CANTERO, J. We review three cases in which the Fourth and Fifth District Courts of Appeal acknowledged (but did not certify) conflict with the First District Court of Appeal. These are: Charles v. State, 890 So. 2d 542 (Fla. 4th DCA 2005), James v. State, 881 So. 2d 85 (Fla. 5th DCA 2004), and Vickery v. State, 869 So. 2d 628 (Fla. 5th DCA 2004). The issue is whether a claim that alleges ineffective assistance of counsel for failure to request an instruction on a…
-
Charles v. State, 963 So. 2d 926 (Fla. 4th DCA 2007)…On Mandate From the Supreme Court of Florida. PER CURIAM. In light of the supreme court’s decision in State v. Vickery, 961 So. 2d 309 (Fla.2007), quashing this Court’s opinion in Charles v. State, 890 So. 2d 542 (Fla. 4th DCA 2005), and remanding for further consideration, we affirm the summary denial of appellant’s post-conviction claims, including his claim of ineffective assistance of trial counsel for failure to request lesser-included offenses. See San…
Authorities Cited
- Solomon Willis v. State, 840 So. 2d 1135 (Fla. 4th DCA 2003)
- Peffley v. State, 766 So. 2d 418 (Fla. 4th DCA 2000)
- Schnepel v. Gouty, 766 So. 2d 418 (Fla. 1st DCA 2000)
- Ortiz v. State, 807 So. 2d 755 (Fla. 4th DCA 2002)
- Smith v. State, 807 So. 2d 755 (Fla. 4th DCA 2002)