DOBARGANES
v.
STATE
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A trial court may not summarily deny a Rule 3.850 motion for ineffective assistance of counsel based solely on a defendant's sworn statements in the plea colloquy when the record fails to conclusively refute the factual claims raised.
[1] A defendant's statements during a plea colloquy, while binding on the defendant, do not conclusively rebut factual allegations in a post-conviction Rule 3.850 motion for…
Previewing 1 of 1 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“While a defendant is, of course, 'bound by the statements he makes under oath during a plea colloquy,' Rodriguez v. State, 223 So. 3d 1095, 1097 (Fla. 3d DCA 2017), we conclude that the record in the instant case fails to conclusively refute the factual claims by Dobarganes and the additional affiant.”
The court's core ruling on when a plea colloquy can conclusively rebut post-conviction claims
Dobarganes appealed the denial of his post-conviction motion alleging ineffective assistance of counsel. The trial court had summarily denied the moti…
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Third District Court of Appeal
State of Florida
Opinion filed March 14, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D17-2131 Lower Tribunal Nos. 15-23475, 11-13903, 11-13905, 11-14194, 11-14195, 11-14197, 11-15697, 11-17051, 11-17050, 11-18356
Enrique Dobarganes,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge. Ratzan and Faccidomo, LLC, and Jude Faccidomo, for appellant. Pamela Jo Bondi, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee. Before SALTER, EMAS and LOGUE, JJ.
PER CURIAM.
Enrique Dobarganes appeals the summary denial of his post-conviction claims of ineffective assistance of counsel, raised in a motion under Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing on Dobarganes’s claims.
The trial court denied the motion without an evidentiary hearing, ruling that Dobarganes’s allegations were conclusively rebutted by his sworn statements during the plea colloquy. While a defendant is, of course, “bound by the statements he makes under oath during a plea colloquy,” Rodriguez v. State, 223 So. 3d 1095, 1097 (Fla. 3d DCA 2017), we conclude that the record in the instant case fails to conclusively refute the factual claims by Dobarganes and the additional affiant. See, e.g., State v. Leroux, 689 So. 2d 235 (Fla. 1996); Garcia v.State, 907 So. 2d 607 (Fla. 3d DCA 2005); Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); Moore v. State, 991 So. 2d 977, 978 (Fla. 1st DCA 2008); Jones v. State, 846 So. 2d 1224 (Fla. 2d DCA 2003). We express no opinion regarding the merits of Dobarganes’s claims or entitlement to relief.
Reversed and remanded for further proceedings consistent with this opinion.
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Benzrent 1 v. Wilmington Sav. Fund Soc'y, 273 So. 3d 107 (Fla. 3d DCA 2019)
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)
- Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998)
- Arlis R. Jones v. State, 846 So. 2d 1224 (Fla. 2d DCA 2003)
- Wilber Rodriguez v. State, 223 So. 3d 1095 (Fla. 3d DCA 2017)
- Williams v. State, 824 So. 2d 1050 (Fla. 4th DCA 2002)
- Fisher v. State, 824 So. 2d 1050 (Fla. 3d DCA 2002)
- Moore v. State, 991 So. 2d 977 (Fla. 1st DCA 2008)
- Garcia v. State, 907 So. 2d 607 (Fla. 3d DCA 2005)