WILLIAM FAIELLA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William Faiella appeals the denial of his Rule 3.850 post-conviction relief motion alleging ineffective assistance of counsel. The court reverses the summary denial of ground one, which claims his defense counsel improperly advised him he was not subject to Florida's Jimmy Ryce Act for civil commitment of sexually violent predators.
Ground one of the defendant's motion is sufficiently pled and not refuted by the record. Affirmative misadvice regarding consequences under the Jimmy Ryce Act establishes a facially sufficient claim of ineffective assistance of counsel. A mere paragraph in a plea agreement concerning civil commitment does not conclusively refute the defendant's claim of ineffective assistance.
[1] Defense counsel's affirmative misadvice regarding potential consequences under the Civil Commitment of Sexually Violent Predators Act may establish a facially sufficient…
[2] Civil commitment under the Civil Commitment of Sexually Violent Predators Act is not a collateral consequence of a plea for which defense counsel is not required to advis…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“civil commitment is a collateral consequence of entering a plea and, therefore, defense counsel was not required to advise the defendant of such a consequence. This ruling was erroneous.”
The court rejected the post-conviction court's reasoning that civil commitment consequences need not be disclosed by counsel
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFaiella entered into a negotiated plea agreement that included a paragraph regarding civil commitment under Florida's Civil Commitment of Sexually Vio…
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William Faiella (the defendant) appeals the final order summarily denying his'motion seeking post-conviction relief. See Fla. R. Crina. P. 3.850. Because ground one of the defendant’s motion is sufficiently pled and not refuted by the record, we reverse the summary denial of ground one. We affirm as to all other grounds.
In ground one of his motion, the defendant alleged that defense counsel rendered ineffective assistance of counsel by improperly advising him that he was not subject to Florida’s Civil Commitment of Sexually Violent Predators Act (commonly known as the Jimmy Ryce Act) when, in fact, he may have been. See §§ 394.901-.931, Fla. Stat. (2012). The post-conviction court summarily rejected this claim, ruling that civil commitment is a collateral consequence of entering a plea and, therefore, defense counsel was not required to advise the defendant of such a consequence. This ruling was erroneous. See Colombo v. State, 972 So.2d 1101, 1102 (Fla. 1st DCA 2008) (holding defendant’s claim, of affirmative misadvice regarding consequences under the Jimmy Ryce Act established a facially sufficient claim of ineffective assistance of counsel). Additionally, the post-conviction court ruled that relief was not available to the defendant because the written negotiated plea agreement contained a paragraph regarding civil commitment. However, the paragraph in the agreement concerning civil commitment does not refute the defendant’s claim.
Accordingly, we reverse the summary denial of ground one and-remand for the post-conviction court to either conduct an evidentiary hearing or attach portions of the record that conclusively refute the claim.
AFFIRMED in part; REVERSED in part; and REMANDED.
PALMER, COHEN and LAMBERT, JJ., concur.