JIMMY MCDOWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Jimmy McDowell appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. The motion raised several claims of ineffective assistance of counsel. We reverse and remand for the trial court’s further review of points four and five.
Point four concerns McDowell’s claim that his trial counsel interfered with his right to testify by threatening to withdraw from the ease. Point five presents McDowell’s claim that counsel failed to advise him, at the time he was considering a favorable plea offer, of potential prison releasee reoffender sentencing. He alleged that he would have accepted the state’s plea offer had he known he was facing a life sentence as a prison releasee reoffender. The state concedes that McDowell’s claim on this point is legally sufficient and warrants further review. We find that both claims are legally sufficient and remand for an evidentiary hearing. Oisorio v. State, 676 So. 2d 1363, 1364-65 (Fla.1996); Kleppinger v. State, 884 So. 2d 146 (Fla. 2d DCA 2004).
GUNTHER, STEVENSON and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hever Ramos v. State, 141 So. 3d 643 (Fla. 4th DCA 2014)…a defendant of his or her exposure to an enhanced life sentence under Florida’s HFO sentencing statute during plea negotiations amounts to deficient performance.”); see also Lester v. State, 15 So. 3d 728, 732 (Fla. 4th DCA 2009); McDowell v. State, 905 So. 2d 999 (Fla. 4th DCA 2005); Pennington v. State, 34 So. 3d 151, 155 (Fla. 1st DCA 2010); Williams v. State, 924 So. 2d 897, 898-99 (Fla. 1st DCA 2006). Without Ramos stating what he thought the maximum sentence could be, there may be no way to evaluate th…
Authorities Cited
- Oisorio v. State, 676 So. 2d 1363 (Fla. 1996)
- Williams v. State, 884 So. 2d 146 (Fla. 1st DCA 2004)