ANTONIO HODGSON
v.
THE STATE OF FLORIDA
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Antonio Hodgson appeals the summary denial of his Rule 3.850 motion for postconviction relief alleging ineffective assistance of trial counsel. The Third District Court of Appeal affirms the trial court's denial of his claims, finding them either facially invalid, conclusively refuted by the record, meritless, or previously adjudicated, and also affirms his resentencing.
The court affirmed the summary denial of Hodgson's ineffective assistance claims because they were either facially invalid, conclusively refuted by the record, meritless, or previously adjudicated on direct appeal. The court also affirmed the resentencing, finding any trial court comments regarding juvenile life sentencing factors harmless because Hodgson was neither sentenced to life imprisonment nor a term of years equal to life imprisonment.
[1] A claim of ineffective assistance of counsel in a Rule 3.850 motion is properly denied on summary grounds when the claim is meritless as a matter of law.
[2] Trial court comments regarding factors for sentencing a juvenile offender to life imprisonment are harmless error when the defendant was not actually sentenced to life im…
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“To uphold the 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.”
Court citing McLin v. State, 827 So. 2d 948, 954 (Fla. 2002) for the applicable standard governing summary denial of 3.850 motions.
Hodgson filed a postconviction motion under Florida Rule of Criminal Procedure 3.850 raising numerous claims of ineffective assistance of trial counse…
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Opinion filed October 20, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D19-2178 Lower Tribunal No. F14-3553A ________________
Antonio Hodgson,
Appellant,
vs.
The State of Florida,
Appellee. An appeal from the Circuit Court for Miami-Dade County, Diane V. Ward, Judge. The Law Office of Robert David Malove, P.A., and Robert David Malove (Fort Lauderdale), for appellant. Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee. Before LOGUE, LINDSEY and HENDON, JJ. PER CURIAM.
Antonio Hodgson appeals the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 alleging numerous claims of ineffective assistance of trial counsel. Because we find that Hodgson’s claims were either conclusively refuted by the record, presented meritless issues, or were previously adjudicated on direct appeal, we affirm the trial court’s well-reasoned order. See McLin v. State, 827 So. 2d 948, 954 (Fla. 2002) (“To uphold the 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.”); Lukehart v. State, 70 So. 3d 503, 512 (Fla. 2011) (“[C]ounsel cannot be deemed ineffective for failing to make a meritless argument.” quoting Schoenwetter v. State, 46 So. 3d 535, 546 (Fla. 2010)).
We further affirm Hodgson’s resentencing. Any comments by the trial court regarding the factors for sentencing a juvenile offender to a life sentence were harmless because Hodgson was neither sentenced to life imprisonment nor a term of years equal to life imprisonment. § 921.1401(2), Fla. Stat. (2019) (enumerating factors for “determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence” in a case involving a juvenile offender).
Affirmed.
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Citator
Authorities Cited
- McLIN v. State, 827 So. 2d 948 (Fla. 2002)
- Schoenwetter v. State, 46 So. 3d 535 (Fla. 2010)
- Lukehart v. State, 70 So. 3d 503 (Fla. 2011)