SEAN J. KOEHLER
v.
STATE
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Summary denial of a Rule 3.850 motion was improper where the defendant alleged ineffective assistance regarding misadvice on youthful offender eligibility (though allegations were insufficient to withstand summary denial without amendment) and failure to object to denial of out-of-state jail credit on Florida offenses.
[1] A claim seeking out-of-state jail credit on Florida offenses is cognizable in a Rule 3.850 post-conviction motion and may not be summarily denied merely because the movan…
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“Because Appellant was not required to provide proof of his allegations at this stage, his failure to prove entitlement to the out-of-state credit does not support summary denial. Accordingly, an evidentiary hearing on this portion of Ground Five is necessary unless other records refute the claim.”
The court's reasoning regarding the standard applicable to summary denial of Rule 3.850 motions and the proper procedural framework for adjudicating out-of-state jail credit claims.
Koehler sought post-conviction relief under Rule 3.850, claiming trial counsel misadvised him about youthful offender sentencing eligibility, causing …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM. We reverse in part the summary denial of Appellant’s Florida Rule of Criminal
Procedure 3.850 motion. Appellant challenges the summary denial of Ground One of his motion in which he claimed that counsel misadvised him about eligibility for youthful offender sentencing, causing him to reject a plea offer. The allegations are insufficient in that Appellant did not allege all of the Alcorn1 factors. Nevertheless, Appellant should be given an opportunity to amend. See Charles v. State, 193 So. 3d 46, 47 (Fla. 3d DCA
2016).
The trial court also erred in summarily denying that portion of Ground Five in which
Appellant alleged that his trial counsel was ineffective in failing to object to the court’s failure to give him credit for time served in jail in North Carolina on the Florida offenses.
This claim is cognizable in this proceeding. See Bonilla v. State, 110 So. 3d 492, 492 (Fla. 4th DCA 2013) (holding that claim seeking out-of-state jail credit may be raised on direct appeal or in rule 3.850 motion). Because Appellant was not required to provide proof of his allegations at this stage, his failure to prove entitlement to the out-of-state credit does not support summary denial. Accordingly, an evidentiary hearing on this portion of Ground Five is necessary unless other records refute the claim.
In all other respects, we affirm.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
TORPY, BERGER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alcorn v. State, 121 So. 3d 419 (Fla. 2013)
- Enel Charles v. State, 193 So. 3d 46 (Fla. 3d DCA 2016)
- Bonilla v. State, 110 So. 3d 492 (Fla. 4th DCA 2013)