THOMAS WINFRED LLOYD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Thomas Lloyd appeals his 99-year robbery sentence after being denied post-conviction relief under Rule 3.850. The court agrees that the trial judge improperly considered potentially uncounseled prior convictions when imposing sentence, and remands for a full hearing to determine whether Lloyd's prior convictions were constitutionally defective.
Lloyd is entitled to a full evidentiary hearing to establish whether his prior convictions were uncounseled, whether he was indigent and unable to afford counsel, and whether he knowingly waived counsel. If any prior convictions are determined to be invalid, he must be resentenced without consideration of those pre-Gideon convictions.
[1] A sentence may be vacated if the trial court improperly considered prior invalid convictions when imposing the sentence.
[2] A defendant is entitled to relief if prior convictions used in sentencing were uncounseled and the defendant was indigent and did not waive counsel.
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Join FLexlaw to unlock all legal intelligence“I wouldn't say that it did not have some bearing on the court's sentencing process . . . and I won't say that Mr. Lloyd's prior record didn't have some bearing on it.”
Trial judge's admission that prior convictions influenced sentencing decision
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Join FLexlaw to unlock all legal intelligenceLloyd was convicted of robbery and sentenced to 99 years in prison. During direct examination at trial, he testified about prior felony convictions. A…
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SCHOONOVER, JACK R., Associate Judge.
The appellant, defendant in the lower court, was found guilty of robbery and sentenced to ninety-nine years in prison. On appeal to this Court, the judgment and sen tence of the lower court were affirmed. The appellant subsequently filed two Rule 3.850 motions. After an evidentiary hearing was held, the motions were denied and this timely appeal followed. The appellant contends that the trial court erred by not vacating and setting aside his sentence on the ground that the trial court improperly considered prior invalid convictions when he meted out the appellant’s sentence. We agree and reverse.
During direct examination of the appellant at his original trial, he was questioned regarding prior convictions and testified to having several prior felony convictions. At the time, neither the appellant, nor his trial counsel, was aware of the possible illegality of some of these convictions. In the instant case, the trial court indicated at the evidentiary hearing held on the Rule 3.850 motions that the appellant’s prior convictions may have influenced his sentence when he said that: “I wouldn’t say that it did not have some bearing on the court’s sentencing process . . . and I won’t say that Mr. Lloyd's prior record didn’t have some bearing on it.”
From the above portions of the record, it appears that the trial court may in fact have considered prior convictions and in doing so enlarged the appellant’s sentence.
The appellant alleges that some of his prior convictions were uncounseled, and that he was not financially able to obtain counsel. He further contends that he did not waive his right to counsel. If these allegations are true, appellant would be entitled to relief. Wolfe v. State, 323 So. 2d 680 (Fla. DCA 2nd 1975); Glenn v. State, 338 So. 2d 263 (Fla. DCA 2nd 1976).
We are therefore of the opinion that the appellant is entitled to a full evidentiary hearing in which he will be given an opportunity to present evidence that at the time of his prior felony convictions he was indigent and unable to employ an attorney and, in fact, uncounseled, and that he did not knowingly waive his right to counsel. If the prior convictions are determined to be invalid, then the appellant should be resen-tenced without any consideration of his pre-Gideon convictions. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963).
This case is therefore remanded for proceedings in accordance with this opinion.
McNULTY, Acting C. J., and OTT, J., concur.
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Parr v. State, 415 So. 2d 1353 (Fla. 4th DCA 1982)…been imposed, the trial court is prohibited from considering the invalid conviction). It is not always necessary for the defendant to first have the invalid conviction vacated. See Garcia v. State, 358 So. 2d 561 (Fla. 2d DCA 1978); Lloyd v. State, 346 So. 2d 1075 (Fla. 2d DCA 1977). Thus, in the instant context, the trial court was the proper forum for appellant’s claim. As previously discussed, the findings of guilt on which appellant’s treatment as an adult was based are constitutionally infirm. According…
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Hyder v. State, 526 So. 2d 780 (Fla. 2d DCA 1988)…ior uncounseled conviction. If this allegation is true, then appellant may be entitled to relief. See United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972); Washington v. State, 442 So. 2d 382 (Fla. 2d DCA 1983); Lloyd v. State, 346 So. 2d 1075 (Fla. 2d DCA 1977). The trial court, however, failed to attach portions of the record which conclusively refute appellant’s allegations. Accordingly, we reverse the summary denial of appellant’s motion and remand the case to the trial court. On re…
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Garcia v. State, 358 So. 2d 561 (Fla. 2d DCA 1978)…ounsel in that case. Appellant’s allegations are not refuted by the record, and if they are true, appellant is entitled to relief. Wolfe v. State, 323 So. 2d 680 (Fla. 2d DCA 1975); Glenn v. State, 338 So. 2d 263 (Fla. 2d DCA 1976); Lloyd v. State, 346 So. 2d 1075 (Fla. 2d DCA 1977). Unless the rap sheet upon which the trial judge relied conclusively demonstrates that the 1955 breaking and entering conviction mentioned by the trial court is not the same conviction described in appellant’s motion, appellant is…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963)
- Whittington v. State, 323 So. 2d 680 (Fla. 1st DCA 1975)
- Wolfe v. State, 323 So. 2d 680 (Fla. 2d DCA 1975)
- Glenn v. State, 338 So. 2d 263 (Fla. 2d DCA 1976)