CHANTAY A. COBB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Chantay Cobb appealed the summary denial of her Rule 3.850 postconviction motion seeking to withdraw a guilty plea based on ineffective assistance of counsel and involuntariness. The appellate court reversed and remanded, holding that Cobb established a prima facie case for relief on the voluntariness claim and the trial court failed to comply with procedural requirements for summary denial.
The court held that Cobb alleged a prima facie case for relief on the voluntariness claim, as coercive guarantees of death by counsel would render a plea involuntary. However, the trial court failed to comply with Rule 8.850 by not attaching portions of the record conclusively showing Cobb was not entitled to relief. The court rejected the grand theft argument as one that should have been raised at trial or on direct appeal.
[1] A claim that a lesser included offense is an improper basis for conviction cannot be raised in a postconviction relief motion if the issue could have been raised on direc…
[2] A postconviction relief motion alleging ineffective assistance of counsel based on counsel's assurance of a death penalty if a plea is not entered states a prima facie ca…
Previewing 2 of 4 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“If defense counsel did in fact guarantee certain death at the hands of the state if Cobb did not take the plea, Cobb was probably coerced.”
Establishes the legal standard that counsel's guarantee of death constitutes coercion of a guilty plea
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1987, Cobb pled nolo contendere to first degree murder, robbery, and grand theft, and was convicted and sentenced without appealing. In October 198…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHIVERS, Chief Judge.
This appeal is from the summary denial of Cobb’s motion for postconviction relief. We reverse and remand.
In 1987 Cobb pled nolo contendere to first degree murder, robbery and grand theft. She was convicted and sentenced, and she did not appeal. In October 1989 Cobb filed a Rule 3.850 motion seeking to withdraw her plea on the grounds of ineffective assistance of counsel and involuntariness of the plea. Her factual allegation is that the assistant public defender told her she would receive the death penalty if she did not plead nolo, and the plea was therefore coerced. The motion also seeks to dismiss the grand theft conviction on the ground that grand theft is a lesser included offense of robbery.
The trial court summarily denied Cobb’s 3.850 motion. In support of the denial, the trial court attached a prior order denying a variety of defense motions seeking to remove the possibility Cobb would be sentenced to death.
Cobb filed an untimely notice of appeal. State was ordered to show cause why Cobb should not be granted a belated appeal. State responded it had no objection, and the belated appeal was granted. State did not file an answer brief.
In regard to Cobb’s argument that grand theft is a lesser included offense of robbery, the issue is one that could have been remedied by objection at trial and argument on appeal and therefore may not be considered by means of a 3.850 motion. Straight v. State, 488 So. 2d 530 (Fla.1986).
In regard to the voluntariness of Cobb’s plea, Cobb alleged a prima facie case for relief. If defense counsel did in fact guarantee certain death at the hands of the state if Cobb did not take the plea, Cobb was probably coerced. The trial court appears to reason that its denial of all of Cobb’s motions for relief from the possibility of a death sentence conclusively shows Cobb knew she might not get the death penalty if she went to trial. The trial court did not, however, mention or attach a plea agreement or plea colloquy. Under Rule 8.850 a copy of the portion of the record, which conclusively shows that Cobb is not entitled to relief, must be attached to the trial court’s order. We reverse and remand for the trial court to either attach those portions of the files and records which conclusively show Cobb is not entitled to relief, or to order the State Attorney to file an answer and thereafter determine whether an evidentiary hearing is required. Morris v. State, 553 So. 2d 321 (Fla. 1st DCA 1989).
REVERSED and REMANDED.
JOANOS and ZEHMER, JJ., concur.
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Aquarius M. Jefferson v. State, 638 So. 2d 123 (Fla. 1st DCA 1994)…and remand of the trial court’s order so that the trial court can either attach the proper supporting documents or hold an evidentiary hearing on the grounds asserted by the prisoner. Hall v. State, 603 So. 2d 650 (Fla. 1st DCA 1992); Cobb v. State, 582 So. 2d 81 (Fla. 1st DCA 1991). Likewise, because of the deficiencies in the trial court’s order denying Appellant’s rule 3.850 motion, the instant case requires a remand to the trial court for an evidentiary hearing or for the attachment of portions of the re…
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FOY v. State, 939 So. 2d 253 (Fla. 1st DCA 2006)…ttach sufficient record portions to support its summary denial, we reverse the denial of these claims and remand for an evidentiary hearing or further attachment of portions of the record to conclusively refute the appellant’s claims. Cobb v. State, 582 So. 2d 81 (Fla. 1st DCA 1991). AFFIRMED in part, REVERSED in part, and REMANDED. KAHN, BENTON, and LEWIS, JJ., concur.…
Authorities Cited
- Straight v. State, 488 So. 2d 530 (Fla. 1986)
- McELVANE v. State, 553 So. 2d 321 (Fla. 1st DCA 1989)
- Morris v. State, 553 So. 2d 321 (Fla. 1st DCA 1989)