HERNANDEZ
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A postconviction court must apply the totality-of-circumstances test for plea-related ineffective assistance claims and the Strickland standard for sentencing-related claims, and cannot summarily deny such claims based solely on a defendant's sworn answers during the plea colloquy.
[1] Ineffective assistance of counsel claims based on deficient plea advice must be evaluated under a totality-of-circumstances test to determine whether there is a reasonabl…
[2] Ineffective assistance of counsel claims based on deficient sentencing preparation require a separate prejudice analysis under Strickland v. …
Previewing 2 of 2 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“the plea-related claims required the court to determine, under the totality of the circumstances, whether there was a reasonable probability that Mr. Hernandez would have rejected the plea and insisted on proceeding to trial”
Court explaining the correct standard for evaluating plea-related ineffective assistance claims
Samuel Hernandez entered an open plea to DUI manslaughter and vehicular homicide and filed an amended motion for postconviction relief alleging ineffe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Evidentiary Hearing Requirement cases and more on FLexlaw
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
SAMUEL HERNANDEZ, Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 2D2026-1292
September 18, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Michelle Sisco, Judge.
Samuel Hernandez, pro se.
PER CURIAM.
Mr. Samuel Hernandez appeals from an order summarily denying his amended motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. After entering an open plea to DUI manslaughter and vehicular homicide, Mr. Hernandez alleged that counsel was ineffective in advising him concerning the plea, investigating the case, and preparing for sentencing. The postconviction court denied the claims principally on the basis of Mr. Hernandez's sworn answers during the plea colloquy. But the plea-related claims required the court to determine, under the totality of the circumstances, whether there was a reasonable probability that Mr. Hernandez would have rejected the plea
and insisted on proceeding to trial. See Grosvenor v. State, 874 So. 2d 1176, 1181–82 (Fla. 2004). The sentencing-related claim required a separate prejudice analysis under Strickland v. Washington, 466 U.S. 668 (1984). See Jackson v. State, 353 So. 3d 666, 668 (Fla. 2d DCA 2022). Because the postconviction court did not apply those standards, we reverse and remand for it to reconsider the claims under the correct standards. See State v. Jesus, 351 So. 3d 223, 224 (Fla. 2d DCA 2022). On remand, the postconviction court may again summarily deny any claim that is conclusively refuted by the record; otherwise, it must conduct an evidentiary hearing. We express no opinion on the ultimate merits of the claims.
Reversed and remanded.
KHOUZAM, SMITH, and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)