BRETT FOURNIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-12-02
No. Case No. 5D16-2329
BERGER, LAMBERT, and • EDWARDS JJ., concur.
204 So. 3d 976 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 1 case

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Synopsis

Fournier appeals the summary denial of his postconviction ineffective assistance of counsel claim under Florida Rule of Criminal Procedure 3.850. Fournier alleged his trial counsel failed to timely convey his acceptance of a plea offer to the State, resulting in the offer being revoked and Fournier receiving a longer sentence. The court reversed, holding that the attached records do not conclusively refute the claim and an evidentiary hearing is required.


Holding

The trial court erred in summarily denying Fournier's postconviction motion because the attached court records do not conclusively refute his claim of ineffective assistance of counsel. Counsel's failure to convey a client's acceptance of a plea offer can constitute ineffective assistance, and Fournier's allegations stated a prima facie claim entitled to an evidentiary hearing unless conclusively refuted by the record.


Headnotes

[1] A trial court's summary denial of a motion for postconviction relief is improper if the claims raised are not facially invalid or conclusively refuted by the record.

[2] Factual allegations in a motion for postconviction relief must be accepted as true to the extent they are not refuted by the record when no evidentiary hearing is held.

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Key Quotes

“Counsel's failure to convey a client's acceptance of a plea offer to the State can constitute ineffective assistance of counsel.”

Establishes the legal principle that forms the basis of Fournier's ineffective assistance claim.

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Facts & Procedural History

Fournier received a plea offer from the State for ten years' incarceration to be served concurrently with a fifteen-year sentence in an unrelated case…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Brett Fournier appeals the trial court’s order summarily denying his amended mo*977tion for posteonvietion relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Fournier argues that the records attached by the court to the denial order do not conclusively refute his claim that his trial counsel was ineffective when-counsel failed to timely convey Fournier’s acceptance of the plea offer from the State. Having not heard from Fournier, the State revoked its offer, and Fournier eventually received a longer prison sentence than the sentence previously offered by the State. We reverse the order on appeal.

In his amended motion, Fournier specifically alleged that he had received a plea offer from the State of ten years’ incarceration in this case, to be served concurrently with a fifteen-year prison sentence imposed in an unrelated case. Fournier further alleged that he accepted the State’s offer and so advised his counsel but that counsel never relayed this acceptance to the prosecutor prior to the offer being revoked by the State. Lastly, Four-nier asserted that if his counsel had timely conveyed his acceptance, the State would not have revoked the offer, the trial court would have accepted its terms, and, as a result, Fournier’s sentence would have been less severe than his present prison sentence.

“To uphold [a] trial court’s summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record.” Foster v. State, 810 So.2d 910, 914 (Fla. 2002) (quoting Peede v. State, 748 So.2d 253, 257 (Fla. 1999)). Furthermore, because no evidentiary hearing was held, “we must accept the defendant’s factual allegations as true to the extent that they are not refuted by the record.” Occhicone v. State, 768 So.2d 1037, 1041 (Fla. 2000) (citing Peede, 748 So.2d at 257 (additional citations omitted)).

“Counsel’s failure to convey a client’s acceptance of a plea offer to the State can constitute ineffective assistance of counsel.” Morris v. State, 50 So.3d 696, 697 (Fla. 5th DCA 2010) (citing White v. State, 731 So.2d 74 (Fla. 2d DCA 1999)). In Birch v. State, 961 So.2d 1112 (Fla. 5th DCA 2007), we determined that allegations in a rule 3.850 motion for postconviction relief that were similar to those raised here stated a prima facie claim of ineffective assistance of counsel that, unless conclusively refuted by the record, entitled the defendant to an evidentiary hearing. Birch, 961 So.2d at 1112.

Although the trial court did attach some court records to its denial order, we find that the records do not conclusively refute Fournier’s claim. Accordingly,, we reverse the order on appeal and remand with instructions that the trial court either conduct an evidentiary hearing on Fournier’s claim or attach additional portions of the record that conclusively refute the claim.

REVERSED and REMANDED.

BERGER, LAMBERT, and • EDWARDS JJ., concur.


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