GARY R. MCGRIFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2017-10-25
No. 4D17-1111
Taylor, Damoorgian and Conner, JJ., concur.
229 So. 3d 829 Florida District Court of Appeal, Fourth District (2017)

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Holding

The court held that the trial court erred in summarily denying the appellant's claim of ineffective assistance of counsel regarding a rejected plea offer.


Facts & Procedural History

Appellant was convicted of burglary and sentenced as a habitual felony offender. He claimed his counsel was ineffective for failing to advise him that…

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Opinion of the Court
•'Per Curiam.

•'Per Curiam.

Gary Richard McGriff appeals an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction’ relief alleging ineffective assistance of counsel. We reverse and remand for further review of appellant’s claim that he rejected a favorable plea offer because counsel failed to advise that he qualified for enhanced sentencing as a habitual felony offender.

*830Appellant was convicted of burglary following a jury trial. The trial court sentenced him to a twenty year prison term as a habitual felony offender (HFO) and as a prison releasee reoffender (PRR).

Appellant timely filed a rule 3.850 raising fourteen claims. In ground one, appellant claimed that trial counsel was ineffective • for misadvising him to reject a favorable plea offer to a fifteen year term. Appellant alleged that when he rejected that plea, counsel told him that his maximum exposure following trial was a fifteen year prison term. More specifically, counsel failed to advise appellant that he qualified for HFO sentencing and its consequences, which permitted the twenty year prison term for the second degree felony. § 775.084(4)(a), Fla. Stat. (2012).

We find appellant’s claim is sufficient and not refuted by the record. Alcorn v. State, 121 So.3d 419 (Fla. 2013); Paul v. State, 198 So.3d 999 (Fla. 4th DCA 2016). Accordingly, we reverse the trial court’s summary denial of the claim and remand for it to either attach records conclusively refuting appellant’s claim, or in the alternative, to hold an evidentiary hearing. We affirm the summary denial of appellant’s remaining grounds without further discussion.

Affirmed in part, reversed in part and remanded.

Taylor, Damoorgian and Conner, JJ., concur.


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