Dillbeck v. State

882 So. 2d 969, 2004 WL 1899964
CourtSupreme Court of Florida
DecidedAugust 26, 2004
DocketSC02-2044, SC03-1123
StatusPublished
Cited by21 cases

This text of 882 So. 2d 969 (Dillbeck v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dillbeck v. State, 882 So. 2d 969, 2004 WL 1899964 (Fla. 2004).

Opinion

882 So.2d 969 (2004)

Donald David DILLBECK, Appellant,
v.
STATE of Florida, Appellee.
Donald David Dillbeck, Petitioner,
v.
James V. Crosby, Jr., Respondent.

Nos. SC02-2044, SC03-1123.

Supreme Court of Florida.

August 26, 2004.

*970 George W. Blow, III, Live Oak, FL, for Appellant/Petitioner.

Charles J. Crist, Jr., Attorney General and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, FL, for Appellee/Respondent.

PER CURIAM.

Donald David Dillbeck, an inmate under sentence of death, appeals an order of the circuit court denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. He also petitions this Court for a writ of habeas corpus.[1] For the reasons that follow, we affirm the circuit court's denial of one of Dillbeck's ineffective assistance of counsel claims, but we remand the remaining claims and instruct the circuit court to make findings of fact and conclusions of law as required by Florida Rule of Criminal Procedure 3.850(d). We also deny Dillbeck's petition for a writ of habeas corpus.

I. INTRODUCTION

Dillbeck was convicted of first-degree murder, armed robbery, and armed burglary.[2] In accordance with the jury's eight-to-four recommendation, the trial judge sentenced Dillbeck to death for the murder conviction, finding five aggravating circumstances,[3] one statutory mitigating circumstance,[4] and several nonstatutory mitigating circumstances.[5] Dillbeck also *971 received two consecutive life sentences for the armed robbery and armed burglary convictions. We affirmed the convictions and the sentences on direct appeal. Dillbeck v. State, 643 So.2d 1027 (Fla.1994).

Dillbeck filed a rule 3.850 motion for postconviction relief on April 23, 1997, and an amended motion on April 16, 2001. In the amended motion, Dillbeck raised several claims of ineffective assistance of counsel, some falling under the "ineffectiveness per se," "presumed prejudice" standard of United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984), and some falling under the traditional, two-pronged standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). First, Dillbeck claimed that without his consent, his trial counsel conceded that Dillbeck was guilty of first-degree murder. Dillbeck argued that he, therefore, was entitled to relief under Cronic and Nixon v. Singletary, 758 So.2d 618 (Fla.2000) (applying Cronic to claim that counsel conceded defendant's guilt to first-degree murder without defendant's affirmative and explicit consent), on the ground that counsel's performance was ineffective per se. Second, Dillbeck claimed that his trial counsel conceded the applicability of the "heinous, atrocious, or cruel" aggravating circumstance without his consent. Dillbeck argued that he, therefore, was entitled to relief under Cronic and Nixon on the ground that counsel's performance was ineffective per se or, alternatively, under the traditional, two-pronged test of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), on the ground that counsel's performance was deficient and he was prejudiced by the deficiency. Dillbeck also argued that his trial counsel was ineffective under Strickland for (1) failing during voir dire to challenge certain jurors for cause, (2) failing to move for a change of venue, (3) failing to request a PET scan, and (4) introducing at the penalty phase details of Dillbeck's criminal history. Finally, Dillbeck argued that at trial he was denied the presumption of innocence by being forced to wear restraints in the jury's presence.

The circuit court conducted an evidentiary hearing at which both Dillbeck and Dillbeck's trial counsel testified. The circuit court then denied relief in an inelaborate order, stating only that Dillbeck's motion was "without grounds for relief and ... there would be no benefit from a further recitation of the facts or argument by this Court." State v. Dillbeck, Case No. 90-2795-AF (Fla.2d Cir. Ct. order filed Sept. 3, 2002) ("Order Denying Amended Motion to Vacate Judgment of Conviction and Sentence"). Dillbeck now appeals the circuit court's denial of relief.[6] He also petitions this Court for a writ of habeas corpus, arguing that Florida's capital sentencing statute is unconstitutional under Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002).

II. REMAND TO THE CIRCUIT COURT

With the exception of Dillbeck's claim that his trial counsel was ineffective per se under Cronic and Nixon for conceding that he was guilty of first-degree murder without his consent, which we will address *972 below, we remand the case to the circuit court to enter findings of fact and conclusions of law as to all the claims Dillbeck has raised before this Court.[7] Florida Rule of Criminal Procedure 3.850(d) requires postconviction trial courts to make such findings and conclusions. The rule provides as follows:

If an evidentiary hearing is required, the court shall grant a prompt hearing thereon and shall cause notice thereof to be served on the state attorney, determine the issues, and make findings of fact and conclusions of law with respect thereto.

Fla. R.Crim. P. 3.850(d) (emphasis added). "[T]he trial court's failure ... to make findings of fact and conclusions of law violated Florida Rule of Criminal Procedure 3.850(d)." Jones v. State, 740 So.2d 520, 524 (Fla.1999). "We have repeatedly stressed the need for trial judges to enter detailed orders in postconviction capital cases. The present order is completely inadequate and does not assist us in our review." Ragsdale v. State, 798 So.2d 713, 720 (Fla.2001).[8]

With the exception of Dillbeck's Cronic/Nixon claim — that counsel conceded his guilt without his consent — all of the claims Dillbeck has raised before this Court must be analyzed under the two — pronged test of Strickland.[9] Such claims present mixed questions of law and fact *973 and, therefore, require us to employ a mixed standard of review: we defer to the trial court's factual findings (to the extent they are supported by competent, substantial evidence), but we review the trial court's legal conclusions de novo. Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999); see also Carroll v. State, 815 So.2d 601, 610 (Fla.2002); Porter v. State, 788 So.2d 917, 923 (Fla.2001). Because we cannot determine from the circuit court's cursory order what its findings of fact and conclusions of law were as to each of Dillbeck's claims, we remand the case to the circuit court to elaborate on its order by making such findings and conclusions in a detailed and timely manner.[10]

III. COUNSEL'S CONCESSION OF GUILT

We need not remand Dillbeck's claim that his counsel was ineffective per se for conceding that he was guilty of first-degree murder without his consent. The record reveals that during voir dire and at trial, Dillbeck's counsel repeatedly conceded that Dillbeck was guilty of felony murder.[11]

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Bluebook (online)
882 So. 2d 969, 2004 WL 1899964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillbeck-v-state-fla-2004.