CURTIS JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Curtis James appeals the denial of his Rule 3.850 motion for ineffective assistance of counsel. The Florida Supreme Court remanded the case for reconsideration in light of Sanders v. State, which held that when trial counsel fails to request a necessarily lesser included offense one step removed from the charged offense, the jury's inability to exercise its pardon power alone cannot establish prejudice for ineffective assistance claims.
The court affirmed the summary denial of James's Rule 3.850 motion. Following Sanders v. State, the court held that when trial counsel fails to request a necessarily lesser included offense one step removed from the charged offense, the inability of the jury to exercise its pardon power cannot establish prejudice necessary to support an ineffective assistance of counsel claim.
[1] A claim of ineffective assistance of counsel may be summarily denied if the sole allegation of prejudice is that the jury was unable to exercise its pardon power.
[2] Failure to request a necessarily lesser included offense that is one step removed from the charged offense does not establish prejudice for purposes of an ineffective ass…
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Join FLexlaw to unlock all legal intelligence“when trial counsel fails to request a necessarily lesser included offense that is one step removed from the charged offense, the inability of the jury to exercise its pardon power cannot establish a basis for finding that counsel's omission resulted in prejudice”
Statement of the Sanders v. State rule that controls the outcome of this case
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Join FLexlaw to unlock all legal intelligenceJames was convicted of fleeing or attempting to elude a law enforcement officer in a patrol vehicle with lights and siren activated at high speed or w…
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ON MANDATE FROM THE SUPREME COURT OF FLORIDA
PLEUS, J.
This appeal has been reinstated on remand from the supreme court as our decision in James v. State, 881 So. 2d 85 (Fla. 5th DCA 2004), was quashed in State v. Vickery, 961 So. 2d 309 (Fla.2007). The Supreme Court of Florida directed this court to reconsider this Rule 3.850 appeal in light of Sanders v. State, 946 So. 2d 953 (Fla.2006). In Sanders, the Supreme Court of Florida held that when trial counsel fails to request a necessarily lesser included offense that is one step removed from the charged offense, the inability of the jury to exercise its pardon power cannot establish a basis for finding that counsel’s omission resulted in prejudice. Therefore, an ineffective assistance of counsel claim may be summarily denied if the only allegation of prejudice is that the jury was unable to exercise its pardon power.1
James was convicted of fleeing or attempting to elude a law enforcement officer in a patrol vehicle with lights and siren activated at high speed or with wanton disregard, a second-degree felony. See § 316.1935(3)(a), Fla. Stat. (2007). In Ground 5 of the 3.850 motion^ James argued that his trial counsel was ineffective for failing to consult with him regarding the jury instructions for lesser included offenses and for failing to request an instruction for the third-degree felony offense of fleeing or attempting to elude an officer in a patrol vehicle with lights and siren activated. The trial court denied relief on this ground, pointing out that an instruction was given for a lesser misdemeanor offense, but the jury convicted James of the charged offense. The trial court concluded that there was no reasonable probability that the jury would have declined to follow the law and exercise its jury pardon power, and therefore prejudice was not established.
In James’ 3.850 motion, the only allegation of prejudice was that the jury was unable to exercise its pardon power. Therefore, in light of Sanders, swpra, we affirm the summary denial of James’ 3.850 motion as to all of the grounds raised therein, including Ground 5. Cfi Charles v. State, 963 So. 2d 926 (Fla. 4th DCA 2007).
AFFIRMED.
PALMER, C.J. and MONACO, J., concur. . To prevail on an ineffective assistance of trial counsel claim, a defendant in a Rule 3.850 motion must establish a substantial deficiency in counsel’s performance which so affected the proceeding that confidence in the outcome is undermined. See Dufour v. State, 905 So. 2d 42 (Fla.2005); Maxwell v. Wainwright, 490 So. 2d 927 (Fla. 1986), cert, denied, Maxwell v. Florida, 479 U.S. 972, 107 S.Ct. 474, 93 L.Ed.2d 418 (1986).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Evans v. State (M.D. Fla. 2020)…on cannot form the basis for a finding of prejudice and, therefore, a claim alleging ineffective assistance of counsel for failure to request an instruction on a lesser included offense may be summarily denied. Id. at 960; James v. State, 973 So. 2d 528, 529 (Fla. 1st DCA 2007); Freeman v. State, 943 So. 2d 903, 904 n.1 (Fla. 5th DCA 2006). Even assuming arguendo that counsel was deficient in this case, Defendant’s allegations as to prejudice in the instant Motion fall short, give…
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Heagney v. Sec'y Fla. Dep't of Corr. (N.D. Fla. 2021)…ejudice." Sanders v. State, 946 So, 2d 953, 960 (Fla. 2006). "Therefore, a claim alleging ineffective assistance of counsel for failure to request an instruction on a lesser-included offense may be summarily denied." Id.; see also James v. State, 973 So. 2d 528,529 (Fla. 5th DCA 2007) ("[A]n ineffective assistance of counsel claim may be summarily denied if the only allegation of prejudice is that the jury was unable to exercise its pardon power."). ECF No. 32-16 at 173. The court further noted that P…
Authorities Cited
- Maxwell v. Louie L. Wainwright, 490 So. 2d 927 (Fla. 1986)
- Dufour v. State, 905 So. 2d 42 (Fla. 2005)
- Sanders v. State, 946 So. 2d 953 (Fla. 2006)
- Cooper v. Forsyth Cnty. Hosp. Auth., Inc., 479 U.S. 972 (U.S. 1986)
- Mathes v. Commissioner of Internal Revenue, 479 U.S. 972 (U.S. 1986)
- James v. State, 881 So. 2d 85 (Fla. 5th DCA 2004)
- State v. Wylie M. Vickery, 961 So. 2d 309 (Fla. 2007)
- Charles v. State, 963 So. 2d 926 (Fla. 4th DCA 2007)
- Roshell Thomas v. State, 963 So. 2d 926 (Fla. 4th DCA 2007)