GABRIEL RIVERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the summary denial of a Rule 3.850 motion for ineffective assistance of counsel except for the claim that trial counsel incorrectly advised the defendant about the scope of cross-examination regarding prior convictions, which the court reversed and remanded for further proceedings.
Trial counsel was ineffective when he misadvised the defendant that the State could cross-examine him about the specifics of his prior record if he testified, when in fact such questioning is limited to whether he committed a felony or offense involving dishonesty and the number of such convictions.
[1] Trial counsel's advice that cross-examination regarding prior convictions could extend to the specifics of a defendant's record is legally incorrect; such questioning is…
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Join FLexlaw to unlock all legal intelligence“Questions concerning a defendant's prior convictions are limited to whether the defendant has committed a felony or other offense involving dishonesty or false statements, and if the defendant admits such a conviction, how many of such prior convictions.”
Court explaining the correct legal standard for cross-examination regarding prior convictions under § 90.610(1), Fla. Stat. (2007)
Gabriel Rivera was convicted of sexual battery, armed kidnapping, misdemeanor battery, and resisting an officer without violence. He appealed the tria…
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Appellant, who was convicted of sexual battery, armed kidnapping, misdemeanor battery, and resisting an officer without violence, appeals the trial court’s summary denial of his rule 3.850 motion alleging seven grounds of error. We affirm the summary denial in all respects except as to his first claim that trial counsel was ineffective in misadvising him that if he testified at trial, the State could go into the specifics of his prior record on cross-examination. This is an incorrect statement of law. Questions concerning a defendant’s prior convictions are limited to whether the defendant has committed a felony or other offense involving dishonesty or false statements, and if the defendant admits such a conviction, how many of such prior convictions. See § 90.610(1), Fla. Stat. (2007); Brown v. State, 787 So.2d 136, 138-39 (Fla. 4th DCA 2001). 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 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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Citator
Authorities Cited
- Brown v. State, 787 So. 2d 136 (Fla. 4th DCA 2001)
- Hope v. State, 960 So. 2d 912 (Fla. 4th DCA 2007)