BRANDON OWENS
v.
THE STATE OF FLORIDA
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Brandon Owens appealed the summary denial of his motion for postconviction relief based on seven claims of ineffective assistance of counsel. The court affirmed the denial of six claims but found that one claim alleging counsel's failure to object to his absence at sentencing was not conclusively refuted by the record and therefore required remand.
The court affirmed the denial of six ineffective assistance claims but reversed as to claim six and remanded for further proceedings. Upon remand, the trial court must conduct an evidentiary hearing or provide record evidence establishing that the defendant's absence was voluntary or caused no prejudice.
[1] When a defendant claims ineffective assistance of counsel based on counsel's failure to object to the defendant's absence at sentencing, the claim is not subject to summa…
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 claim six, alleging that defense counsel provided ineffective assistance by failing to object to appellant's absence at the sentencing hearing, is not conclusively refuted by the record, it merits remand.”
Court explaining why one of seven claims warranted reversal and remand rather than affirmance.
Brandon Owens filed a postconviction motion under Florida Rule of Criminal Procedure 3.850 raising seven ineffective assistance of counsel claims. Cla…
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Opinion filed April 20, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D22-0003 Lower Tribunal No. F15-20059 ________________
Brandon Owens,
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, Marisa Tinkler Mendez, Judge. Brandon Owens, in proper person. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee. Before LOGUE, MILLER, and LOBREE, JJ. PER CURIAM.
Appellant, Brandon Owens, appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion alleged seven grounds of ineffective assistance of counsel. We find no error in the denial of claims one, two, three, four, five, and seven. We conclude, however, that because claim six, alleging that defense counsel provided ineffective assistance by failing to object to appellant’s absence at the sentencing hearing, is not conclusively refuted by the record, it merits remand. Upon remand, the trial court shall conduct an evidentiary hearing or, in the alternative, append record evidence conclusively establishing appellant’s absence was either voluntary or did not result in prejudice. See Fla. R. Crim. P. 3.180(c)(2); Capuzzo v. State, 596 So. 2d 438, 440 (Fla. 1992); Reynolds v. State, 313 So. 3d 129, 133 (Fla. 4th DCA 2021); Strickland v. Washington, 466 U.S. 668, 697 (1984).
Affirmed in part, reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Capuzzo v. State, 596 So. 2d 438 (Fla. 1992)