NICHOLAS M. DUNGEY
v.
STATE OF FLORIDA
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A legally sufficient Rule 3.850 motion alleging ineffective assistance based on counsel's failure to communicate favorable plea offers may not be summarily denied when attached exhibits do not conclusively refute the claim.
[1] A defendant's Rule 3.850 motion alleging ineffective assistance of counsel for failure to communicate multiple plea offers is legally sufficient when it alleges that defe…
[2] Summary denial of an ineffective assistance of counsel motion is improper when the attached exhibits and documents do not conclusively refute all material allegations of…
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Join FLexlaw to unlock all legal intelligenceDungey filed a Rule 3.850 motion claiming his trial counsel failed to convey multiple favorable plea offers, causing him to accept a less favorable pl…
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PER CURIAM.
Appellant, Nicholas M. Dungey, appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion in which he alleged that counsel was ineffective by failing to convey multiple favorable plea offers to him. Appellant further alleges that he was prejudiced because he accepted a plea offer that is less favorable than the offers that counsel failed to convey. Finally, he claims in his motion that: (1) he would have accepted the more favorable offers, (2) the State would not have withdrawn the offers, and (3) the court would have accepted a plea involving one of the more favorable offers.
The trial court summarily denied the claim, reasoning that the motion was legally insufficient and, alternatively, that exhibits attached to the motion and the documents attached to the order of denial conclusively refuted the claim. We conclude that the motion, although inartfully drafted, is legally sufficient and that the exhibits attached to the motion and order do not conclusively refute the claim. See, e.g., Tribbitt v. State, 339 So. 3d 1029 (Fla. 2d DCA 2022); Petit-Homme v. State, 205 So. 3d 848 (Fla. 4th DCA 2016). We therefore reverse the denial and remand for an evidentiary hearing or the attachment of other records conclusively refuting the claim. REVERSED and REMANDED.
LAMBERT, C.J., EDWARDS and EISNAUGLE, JJ., concur.
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Dungey v. State (Fla. 5th DCA 2023)…er of denial conclusively refuted the claim. We conclude that the motion, although inartfully drafted, is legally sufficient and that the exhibits attached to the motion and order do not conclusively refute the claim. See, e.g., Tribbitt v. State, 339 So. 3d 1029 (Fla. 2d DCA 2022); Petit-Homme v. State, 205 So. 3d 848 (Fla. 4th DCA 2016). We therefore reverse the denial and remand for an evidentiary hearing or the attachment of other records conclusively refuting the claim. REVERSED and REMANDED. LAMBERT,…
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State v. Downs (Fla. 5th DCA 2023)…ing. See, e.g., Fla. R. Crim. P. 3.850(f)(8)(B) ("At an evidentiary hearing, the defendant shall have the burden of presenting evidence and the burden of proof in support of his or her motion, unless otherwise provided by law."); Tribbitt v. State, 339 So. 3d 1029, 1033 (Fla. 2d DCA 2022) ("Mr. Tribbitt would be required to prove at an evidentiary hearing that the twenty-year plea offer existed."); Green v. State, 857 So. 2d 304, 305 (Fla. 2d DCA 2003) ("Green had the burden of proving his claim of ineffectiv…
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State v. Downs (Fla. 5th DCA 2023)…ing. See, e.g., Fla. R. Crim. P. 3.850(f)(8)(B) ("At an evidentiary hearing, the defendant shall have the burden of presenting evidence and the burden of proof in support of his or her motion, unless otherwise provided by law."); Tribbitt v. State, 339 So. 3d 1029, 1033 (Fla. 2d DCA 2022) ("Mr. Tribbitt would be required to prove at an evidentiary hearing that the twenty-year plea offer existed."); Green v. State, 857 So. 2d 304, 305 (Fla. 2d DCA 2003) ("Green had the burden of proving his claim of ineffectiv…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Inestin Petit-Homme v. State, 205 So. 3d 848 (Fla. 4th DCA 2016)
- Dungey v. State (Fla. 5th DCA 2023)