BENJAMIN GREEN, 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.
The appellate court reversed an order denying a motion for post-conviction relief. The defendant claimed ineffective assistance of counsel and a coerced confession. The court found the ineffective assistance claims facially sufficient and remanded because the trial court failed to attach the relevant record to refute the claims.
Yes, the allegations of ineffective assistance of counsel were facially sufficient. The trial court erred by failing to attach the portions of the record that conclusively refuted these claims, necessitating a reversal and remand.
[1] Allegations that counsel advised a defendant there was no way to beat the case, that the state would seek the death penalty if the case went to trial, and that there was…
[2] A trial court's order denying a motion for post-conviction relief must attach portions of the record that conclusively refute the defendant's allegations, or an evidentia…
Previewing 2 of 3 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“Such allegations are facially sufficient to avoid summary denial of a motion for post-conviction relief.”
Establishes that the defendant's claims of ineffective assistance of counsel met the threshold for further review.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBenjamin Green pleaded guilty to first-degree murder and was sentenced to 25 years. He later filed a motion for post-conviction relief, alleging ineff…
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 Coerced Confession cases and more on FLexlaw
JOANOS, Chief Judge.
Appellant, Benjamin Green, appeals an order denying his motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, alleging as grounds therefor that his counsel provided ineffective assistance, and his conviction was obtained by means of a coerced confession. The trial court denied relief, finding the allegations of the motion refuted by the negotiated written plea of guilty, a copy of which purportedly was attached to the order denying relief. We reverse with respect to the claims of ineffective assistance of counsel.
On December 23, 1991, appellant pled guilty to first degree murder, and was sentenced to a 25-year minimum mandatory term of incarceration. In support of his claims of ineffective assistance of counsel, appellant alleged that his counsel told him “there was no way to beat the case;” that the state would seek the death penalty if the case went to trial; and “there was no way to appeal the death penalty.” Such allegations are facially sufficient to avoid summary denial of a motion for post-conviction relief. See McCoy v. State, 598 So. 2d 169, 171 (Fla. 1st DCA 1992); Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991); Colon v. State, 586 So. 2d 1305 (Fla. 2d DCA 1991).
Indeed, the trial court’s order recognized as much, with the stated intent to attach the negotiated guilty plea to the order denying appellant’s motion. Since the referenced document was not included with the record furnished to this court, we must reverse and remand for attachment of the portions of the record which conclusively refute appellant’s allegations of ineffective assistance of counsel. We do not address appellant’s claim that his confession was coerced, because the allegations in support of the claim are insufficient to warrant further inquiry.
Accordingly, the order denying post-conviction relief is reversed and remanded for attachment of those portions of the record which conclusively refute appellant’s ineffective assistance of counsel claims, or for an evidentiary hearing.
ALLEN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991)
- McCOY v. State, 598 So. 2d 169 (Fla. 1st DCA 1992)
- Colon v. State, 586 So. 2d 1305 (Fla. 2d DCA 1991)