RICKY HOPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, who was convicted of attempted first degree murder and sentenced to thirty years of imprisonment, appeals the trial court’s summary denial of his rule 3.850 motion alleging ineffective assistance of counsel. We affirm the summary denial in all respects except as to his claim (Ground 6) that trial counsel was ineffective in misadvising him that if he testified at trial, the state could inquire into the details of his prior convictions on cross-examination. As to this claim only, we reverse and remand for the trial court to either attach portions of files and records conclusively showing appellant is not entitled to relief or for an evidentiary hearing on appellant’s allegation that he was deprived of his right to testify by relying on his counsel’s erroneous advice. See Curtis v. State, 689 So. 2d 423 (Fla. 4th DCA 1997); Hicks v. State, 666 So. 2d 1021 (Fla. 4th DCA 1996).
KLEIN, TAYLOR and HAZOURI, JJ., concur.
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Ferrer v. State, 2 So. 3d 1111 (Fla. 4th DCA 2009)…relief on all grounds except one. As to that claim, he maintains that he was deprived of his right to testify because of his attorney’s misadvice that the state could impeach him with the facts and nature of his prior convictions. See Hope v. State, 960 So. 2d 912 (Fla. 4th DCA 2007); Tyler v. State, 793 So. 2d 137, 141 (Fla. 2d DCA 2001). We conclude that appellant’s motion is legally sufficient to state a claim on this ground on both the deficient performance and prejudice prongs of the Strickland test. See…
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Rivera v. State, 2 So. 3d 1086 (Fla. 4th DCA 2009)…tions of files and records conclusively showing appellant is not entitled to relief or for an evidentiary hearing on appellant’s allegation that he was deprived of his right to testify by relying on his counsel’s erroneous advice. See Hope v. State, 960 So. 2d 912 (Fla. 4th DCA 2007). Affirmed in part; reversed in part; and remanded. STEVENSON, DAMOORGIAN, and CIKLIN, JJ., concur.…
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Jerkins v. State, 122 So. 3d 417 (Fla. 4th DCA 2013)…lleges that he was deprived of his right to testify because of his attorney’s misadvice that the state could impeach him with the facts and nature of his prior convictions. See Ferrer v. State, 2 So. 3d 1111, 1112 (Fla. 4th DCA 2009); Hope v. State, 960 So. 2d 912, 913 (Fla. 4th DCA 2007); Tyler v. State, 793 So. 2d 137, 141 (Fla. 2d DCA 2001). We conclude that Jerkins’ motion is legally sufficient to state a claim on this ground on both the deficient performance and prejudice prongs of the Strickland test. S…
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- Elton Pryor Hicks v. State, 666 So. 2d 1021 (Fla. 4th DCA 1996)
- Hilton Atwater v. State, 689 So. 2d 423 (Fla. 4th DCA 1997)
- Curtis v. State, 689 So. 2d 423 (Fla. 4th DCA 1997)