KEITH SHANE BUSH
v.
STATE OF FLORIDA
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A postconviction court must hold an evidentiary hearing on an ineffective assistance claim when the record does not conclusively refute allegations that counsel failed to inform a defendant of statutory maximum sentences or misadvised him regarding sentencing guidelines.
[1] A postconviction court must attach portions of the record that conclusively refute a claim of ineffective assistance of counsel or hold an evidentiary hearing.
[2] Ineffective assistance of counsel claims may arise from counsel's failure to relay a plea offer to the defendant.
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Join FLexlaw to unlock all legal intelligence“because the records attached to the order do not conclusively refute Bush's allegation that counsel may have misadvised him or that counsel failed to inform him of the statutory maximum sentences, he is entitled to relief on the second issue”
The court's rationale for reversing the summary denial of the second ineffective assistance claim
Keith Shane Bush appealed the summary denial of his Rule 3.850 postconviction motion asserting ineffective assistance of trial counsel. He raised two …
The full statement of facts, procedural history, and disposition for this case are member content.
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do not conclusively refute Bush’s allegation that counsel may have misadvised him or that counsel failed to inform him of the statutory maximum sentences, he is entitled to relief on the second issue. See Gray v. State, 220 So. 3d 464, 466 (Fla. 5th DCA 2017); Roundtree v. State, 884 So. 2d 322, 322 (Fla. 2d DCA 2004). We, therefore, reverse the order summarily denying this claim. On remand, the postconviction court is directed to attach portions of the record that conclusively refute it or to hold an evidentiary hearing.
AFFIRMED in part; REVERSED in part.
ROWE, KELSEY, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Roundtree v. State, 884 So. 2d 322 (Fla. 2d DCA 2004)
- Vernardo J. Gray v. State, 220 So. 3d 464 (Fla. 5th DCA 2017)