PAUL CHARLES
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.
Paul Charles appeals the summary denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel regarding plea negotiations. The appellate court reverses in part and remands for an evidentiary hearing on Charles's claim that trial counsel failed to advise him that attempted second degree murder was a qualifying felony for first degree felony murder, causing him to reject a favorable plea offer.
The court reversed and remanded as to the plea-related ineffective assistance claim, accepting the state's concession that the record did not refute this legally sufficient claim and that an evidentiary hearing is required. The court also directed the trial court to evaluate on remand the related claim that counsel misadvised Charles regarding potential sentences for homicide convictions.
[1] Trial counsel's failure to advise a defendant that a specific offense constitutes a qualifying predicate felony for felony murder presents a legally sufficient claim of i…
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 intelligenceCharles was charged with first degree murder with a weapon, attempted first degree murder with a weapon, and armed burglary of a dwelling. A jury conv…
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 Armed Trespass cases and more on FLexlaw
PER CURIAM. Paul Charles appeals an order summarily denying his multi-claim motion filed under Florida Rule of Criminal Procedure 3.850. We reverse and remand as to one claim regarding appellant’s rejection of a plea offer. See Alcorn v. State, 121 So. 3d 419 (Fla. 2013). Appellant was charged by indictment with first degree murder with a weapon, attempted first degree murder with a weapon, and armed burglary of a dwelling. The state argued first degree murder as premeditated or under a felony-murder theory. A jury found appellant guilty as charged on the first two counts, and of the lesser included offense of armed trespass for the third count. The trial court sentenced appellant to consecutive terms of life in prison for the murder, thirty years for attempted murder, and five years for armed trespass. In his motion for postconviction relief, appellant alleged trial counsel failed to advise him that attempted second degree murder was a qualifying felony for first degree felony murder and that this omission caused him to reject a plea to a forty-year term for second degree murder. We accept the state’s concession that the record does not refute this legally sufficient claim and that an evidentiary hearing is required. See Brinson v. State, 18 So. 3d 1075 (Fla. 2d DCA 2009). On remand, the trial court shall also evaluate appellant’s related claim that counsel misadvised him that any homicide conviction would be for no more than second degree murder and would likely result in a sentence of twenty-five to fifty years because of appellant’s lack of criminal history. We otherwise affirm. Affirmed in part, reversed in part, and remanded. MAY, GERBER and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.