JAMES H. TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant James Taylor challenges the summary denial of his motion for post-conviction relief. The trial court erred in summarily denying Taylor’s facially sufficient 3.850 motion without attaching portions of the file and record which conclusively show appellant is not entitled to relief. Fla.R.Crim.P. 3.850; Shaffner v. State, 562 So. 2d 430 (Fla. 1st DCA 1990). All of the allegations that Taylor has raised in his motion are facially sufficient except for the contention that his plea was involuntarily induced as a result of ineffective assistance of counsel because his attorney misrepresented the consequences of the plea. This allegation was facially insufficient because the motion failed to allege that appellant would not have entered the plea had the attorney not made the misrepresentations on the consequences of the plea. Shaffner v. State.
We reverse and remand for the trial court to attach portions of the record showing Taylor is entitled to no relief or to conduct an evidentiary hearing on the motion.
ERVIN, JOANOS and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Richardson v. State, 677 So. 2d 43 (Fla. 1st DCA 1996)…o. 2d 111, 113 & n. 2 (Fla. 5th DCA 1992). The instant motion is facially deficient in this respect because the appellant failed to state that, but for his attorney’s alleged misadvice, he would not have entered the plea. See, e.g., Taylor v. State, 647 So. 2d 854, 855 (Fla. 1st DCA 1994) (trial court properly denied facially insufficient claim that plea had been involuntarily induced as the result of ineffective assistance of counsel, where motion failed to allege that defendant would not have entered plea i…
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Edwards v. State, 742 So. 2d 482 (Fla. 2d DCA 1999)…wards’ ability, if any, to file a proper and timely motion pursuant to rule 3.850, alleging ineffective assistance of counsel, based on Edwards’ assertion that counsel allegedly misrepresented to him the consequences of his plea. See Taylor v.State, 647 So. 2d 854 (Fla. 1st DCA 1994); Duggan v. State, 588 So. 2d 1054 (Fla. 1st DCA 1991). Affirmed. THREADGILL, A.C.J., and WHATLEY and STRINGER, JJ„ Concur.…
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Jennings v. State, 906 So. 2d 1179 (Fla. 4th DCA 2005)…his case to the trial court for the attachment of portions of the record refuting appellant’s claim that defense counsel was ineffective for failing to properly advise him of the consequences of his acceptance of the plea offer. See Taylor v. State, 647 So. 2d 854 (Fla. 1st DCA 1994). STEVENSON, C.J., SHAHOOD and HAZOURI, JJ., concur.…
Authorities Cited
- Shaffner v. State, 562 So. 2d 430 (Fla. 1st DCA 1990)