TAVARES ANTONIO MCDUFFIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the summary denial of a 3.850 post-conviction motion, finding that trial counsel's failure to file a motion to discharge when the state improperly filed an amended information after the speedy trial deadline stated a legally sufficient basis for ineffective assistance of counsel.
Trial counsel's failure to file a motion to discharge when the state improperly filed an amended information after expiration of the speedy trial period states a legally sufficient claim for ineffective assistance of counsel under Florida Rule of Criminal Procedure 3.850.
[1] Trial counsel's failure to file a motion to discharge when the state improperly files an amended information after expiration of the speedy trial deadline constitutes a l…
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Join FLexlaw to unlock all legal intelligenceTavares McDuffie was charged with a crime. The state improperly filed an amended information after the expiration of the time for speedy trial, and tr…
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Tavares McDuffie challenges the lower court’s summary denial of his 3.850 motion for post-conviction relief in which he contended that his trial counsel provided ineffective assistance by failing to file a motion to discharge him when the state improperly filed an amended information after expiration of the time for speedy trial. See Pezzo v. State, 903 So.2d 960 (Fla. 1st DCA 2005); State v. D.A., 939 So.2d 149 (Fla. 5th DCA 2006); State v. Clifton, 905 So.2d 172 (Fla. 5th DCA 2005). We reverse and remand, finding that the appellant stated a legally sufficient basis for relief in his motion. See, e.g., Gee v. State, 13 So.3d 68 (Fla. 1st DCA 2009); Ryland v. State, 880 So.2d 816 (Fla. 1st DCA 2004).
*849We do not reach the appellant’s claim that the lower court erred by appointing counsel against his wishes, and thus do not decide whether there is a right to self-representation in post-conviction proceedings. See, e.g., Jones v. State, 69 So.3d 329 (Fla. 4th DCA 2011); Freeman v. State, 65 So.3d 553 (Fla. 2d DCA 2011). See also Bittick v. Missouri, 105 S.W.3d 498, 501 n. 1 (Mo.Ct.App.2003) (and cases cited therein); Commonwealth v. Brady, 741 A.2d 758 (Pa.Super.Ct.1999).
REVERSED and REMANDED for the lower court to attach portions of the record that conclusively refute the appellant’s claim, or to hold an evidentiary hearing.
PADOVANO, LEWIS, and CLARK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tavares McDUFFIE v. State, 135 So. 3d 317 (Fla. 1st DCA 2012)…dy trial period.1 We issued a Toler order, and in response, the State argued that the denial of this claim should be reversed and remanded for further proceedings. We previously reversed for further proceedings on this claim, see McDuffie v. State, 77 So. 3d 848 (Fla. 1st DCA 2012), and we decline to do so again. Instead, for the reasons that follow, we reverse and remand with instructions that the trial court enter judgment against Appellant for the originally charged offense and resentence him accordingly…
Authorities Cited
- State v. Clifton, 905 So. 2d 172 (Fla. 5th DCA 2005)
- Pezzo v. State, 903 So. 2d 960 (Fla. 1st DCA 2005)
- Charles E. Simmons, M.D. v. State, 939 So. 2d 149 (Fla. 1st DCA 2006)
- Jones v. State, 69 So. 3d 329 (Fla. 4th DCA 2011)
- GEE v. State, 13 So. 3d 68 (Fla. 1st DCA 2009)
- Waty Ryland v. State, 880 So. 2d 816 (Fla. 1st DCA 2004)
- Damien D. Freeman v. State, 65 So. 3d 553 (Fla. 2d DCA 2011)