AMAURI PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court affirmed denial of postconviction relief on most grounds but remanded for evidentiary hearing on claim that trial counsel incompetently advised defendant to reject a plea offer by predicting acquittal despite substantial evidence of guilt.
Trial counsel's advice to reject a plea offer based on prediction of acquittal, when substantial evidence of guilt existed, requires an evidentiary hearing to determine ineffective assistance of counsel.
[1] Trial counsel's advice to reject a plea offer based on prediction of acquittal, when substantial evidence of guilt exists, may constitute ineffective assistance of counse…
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Join FLexlaw to unlock all legal intelligenceDefendant Perez was charged with aggravated battery on a police officer and resisting arrest with violence. Trial counsel advised him he would likely …
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PER CURIAM.
Amauri Perez appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.
With regard to ground two of the motion filed by defendant-appellant Perez, we remand for an evidentiary hearing: The defendant’s sworn motion states in substance that trial counsel advised him that he was likely to be acquitted of the charges of aggravated battery on a police officer and resisting arrest with violence. , He asserts that in reliance on this advice he rejected the State’s plea offer of a five-year mandatory minimum term of imprisonment. Upon conviction, the defendant was sentenced to ten years with a mandatory minimum of five years. The defendant alleges that counsel’s advice to reject the plea was incompetent in view of the substantial evidence against him. The record does not conclusively refute that claim. See Sharpe v. State, 861 So. 2d 483 (Fla. 3d DCA 2003); Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002); Garcia v. State, 814 So. 2d 536 (Fla. 3d DCA 2002). We agree with the trial court’s thorough analysis rejecting the defendant’s other claims.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.
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Citator
Cited By
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Dines v. State, 909 So. 2d 521 (Fla. 2d DCA 2005)…and requires that counsel be familiar with the facts of the case and the applicable law. A counsel so informed will be effective in discussing the benefits and detriments of the client’s decision to accept or reject a plea offer. Cf. Perez v. State, 893 So. 2d 629 (Fla. 3d DCA 2005) (reversing the summary denial of postconviction relief and remanding for an evidentiary hearing on the defendant’s claim that counsel’s advice to reject the plea was incompetent in view of the substantial evidence against him). T…
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Burroughs v. State, 9 So. 3d 46 (Fla. 3d DCA 2009)…fendant is entitled to an evidentiary hearing unless the record conclusively refutes the defendant’s allegations of misadvice. Yanes v. State, 960 So. 2d 834, 836 (Fla. 3d DCA 2007); Reed v. State, 903 So. 2d 344 (Fla. 1st DCA 2005); Perez v. State, 893 So. 2d 629 (Fla. 3d DCA 2005). The postconviction record now before us does not conclusively refute Burrough’s second allegation of ineffective assistance of trial counsel. Accordingly, we reverse the summary denial of Burroughs’ claim for ineffective assista…
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Raleigh Flint v. State, 184 So. 3d 610 (Fla. 2d DCA 2016)…Moreover, the postcon-viction record does not conclusively refute his claim that his trial counsel advised him to reject the State’s plea offer or that such advice would have been unreasonable at the time it was allegedly given. See Perez v. State, 893 So. 2d 629, 629 (Fla. 3d DCA 2005) (reversing summary denial of rule 3.850 motion where the record did not refute the appellant’s allegation that he injected' a favorable plea offer based on trial counsel’s “incompetent” advice that “he was likely to be acquit…
Authorities Cited
- Owens v. State, 832 So. 2d 793 (Fla. 1st DCA 2002)
- Sharpe v. State, 861 So. 2d 483 (Fla. 3d DCA 2003)
- Christian v. State, 814 So. 2d 536 (Fla. 2d DCA 2002)
- Hernando Garcia v. State, 814 So. 2d 536 (Fla. 3d DCA 2002)