JUAN F. ANDRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Juan Andres appealed the summary denial of his Rule 3.850 motion for ineffective assistance of counsel, arguing his trial counsel failed to object that his prior misdemeanor DUI convictions were uncounseled and therefore could not be used to enhance his current DUI charge to a felony. The appellate court reversed, finding that Andres properly alleged all required elements and the trial court erred by summarily denying his motion without requiring the State to refute his claims.
When a defendant properly alleges all four elements required under State v. Beach—that the offense was punishable by more than six months imprisonment, that the defendant was indigent and entitled to appointed counsel, that counsel was not appointed, and that counsel was not waived—the burden shifts to the State to demonstrate that the defendant was not entitled to counsel, that counsel was provided, or that counsel was waived. The trial court erred in summarily denying the motion without requiring the State to meet this burden.
[1] A defendant seeking to use uncounseled misdemeanor convictions to enhance a current charge must allege under oath that the offense was punishable by more than six months…
[2] When a defendant moving to vacate a conviction meets the initial burden of alleging uncounseled misdemeanor convictions were used for enhancement, the burden shifts to th…
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Join FLexlaw to unlock all legal intelligence“Andres had the initial burden to establish that an uncounseled conviction could not be used to enhance the current charges, and was required to allege the following under oath to meet this burden: (1) that the offense involved was punishable by more than six months of imprisonment or that the defendant was actually subjected to a term of imprisonment; (2) that the defendant was indigent and, thus, entitled to court-appointed counsel; (3) counsel was not appointed; and (4) the right to counsel was not waived.”
Establishes the four-part test from State v. Beach that a defendant must satisfy to claim an uncounseled conviction cannot be used for enhancement.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAndres had prior misdemeanor DUI convictions from 1995 and 2003 that were allegedly uncounseled. He filed a Rule 3.850 motion claiming his trial couns…
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PER CURIAM.
In his Rule 3.850 motion, which was summarily denied by the trial court, Andres contended that his trial counsel was ineffective for not objecting that his 1995 and 2003 misdemeanor DUI convictions were uncounseled and could not be used to enhance the current DUI to a felony.
Andres had the initial burden to establish that an uncounseled conviction could not be used to enhance the current charges, and was required to allege the following under oath to meet this burden:
(1) that the offense involved was punishable by more than six months of imprisonment or that the defendant was actually subjected to a term of imprisonment; (2) that the defendant was indigent and, thus, entitled to court-appointed counsel; (3) counsel was not appointed; and (4) the right to counsel was not waived.
State v. Beach, 592 So. 2d 237, 239 (Fla.1992). Andres’s Rule 3.850 motion meets the requirements of Beach, as it was under oath, alleged that the 1995 and 2003 misdemeanor DUI convictions were punishable by more than six months of imprisonment, alleged that Andres was indigent, alleged that counsel was not appointed, and alleged that Andres did not waive his right to counsel. As a result, the burden shifted to the State to demonstrate that Andres was not entitled to counsel, that counsel was provided, or that counsel was waived. Id. The trial court erred by summarily denying Andres’s Rule 3.850 motion without requiring that the State meet this burden and refute Andres’s claim.
Accordingly, we reverse the trial court’s order summarily denying this claim of ineffective assistance of trial counsel and remand for attachment of portions of the record refuting the claim, or an evidentiary hearing.
REVERSED AND REMANDED.
GUNTHER, STEVENSON and TAYLOR, JJ., concur.