SCOTTY B. THOMAS
v.
STATE
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When a defendant raises a colorable claim that the verdict form omitted a jury option that the evidence and instructions may have supported, the postconviction court must address the issue rather than summarily deny relief.
[1] A postconviction court must address all issues raised in a rule 3.850 motion, even if the motion lacks clarity, and cannot deny relief without either conclusively refutin…
[2] Ineffective assistance of counsel claims may arise from counsel's failure to object to or request a proper verdict form.
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Join FLexlaw to unlock all legal intelligenceThomas was convicted of burglary with battery based on a verdict form that allowed the jury to find him guilty of burglary with battery, burglary, bat…
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EDWARDS, J. Scotty B. Thomas appeals the summary denial of his rule 3.850 motion for postconviction relief in which he alleged that his trial counsel was ineffective because he failed to object to the verdict form used or failed to request a proper verdict form. Although
Appellant’s motion lacked clarity, he made the point that the jury was instructed that it could find him guilty or not guilty of the compound crime of (1) burglary with a battery, or the individual crimes of (2) burglary, (3) battery, or (4) trespass. The verdict form gave the jury the option to decide his guilt regarding the individual crimes and the compound crime of burglary with a battery. However, the verdict form did not provide the option of finding Appellant guilty of both trespass and battery.
Appellant claims that if the jury had been given the option of finding him guilty of both trespass and battery it would have done so, rather than convicting him of burglary with a battery. Appellant further argues that he would have received a shorter sentence under this alternative scenario.
Appellant’s argument, that given the evidence and jury instructions, the verdict form should have provided the jury the option to find him guilty of trespass and battery as an additional alternative finding, may have merit. See Stuckey v. State, 972 So. 2d 918 (Fla. 5th DCA 2007). However, in denying Appellant’s motion, the postconviction court did not address this issue and we cannot determine from the record provided to us whether Appellant’s argument has merit. Therefore, we reverse and remand for the postconviction court to consider and address this issue, and either to attach records conclusively refuting Appellant’s argument or to conduct an evidentiary hearing.
REVERSED AND REMANDED WITH INSTRUCTIONS.
ORFINGER and WALLIS, JJ., concur.
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Citator
Cited By
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Hargrett v. State, 254 So. 3d 982 (Fla. 4th DCA 2018)
Authorities Cited
- Sullivan v. State, 972 So. 2d 918 (Fla. 2d DCA 2007)