DuQuesne v. State

District Court of Appeal of Florida

DuQuesne v. State

566 So. 2d 522, 1990 Fla. App. LEXIS 3163, 1990 WL 58282

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 1990

DocketNo. 89-2367

StatusPublished

This text of 566 So. 2d 522 (DuQuesne v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DuQuesne v. State, 566 So. 2d 522, 1990 Fla. App. LEXIS 3163, 1990 WL 58282 (Fla. Ct. App. 1990).

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Opinion

BASKIN, Judge.

Defendant DuQuesne appeals the trial court’s denial of his motion to vacate judgment and sentence filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. After reviewing the record and the state’s response, we conclude that the record fails to refute defendant’s allegations of ineffective assistance of counsel based on counsel’s failure to pursue defendant’s speedy trial rights. In addition, the trial court failed to attach portions of the record demonstrating compliance with appropriate plea colloquy requirements. Fla. R.Crim.P. 3.170©, 3.172(c), 3.850. The excerpt of the plea in the record discloses that defendant’s consent to the entry of the plea was not a knowing waiver of his rights.¹

Reversed and remanded for further proceedings.

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BASKIN, Judge.

Defendant DuQuesne appeals the trial court’s denial of his motion to vacate judgment and sentence filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. After reviewing the record and the state’s response, we conclude that the record fails to refute defendant’s allegations of ineffective assistance of counsel based on counsel’s failure to pursue defendant’s speedy trial rights. In addition, the trial court failed to attach portions of the record demonstrating compliance with appropriate plea colloquy requirements. Fla. R.Crim.P. 3.170©, 3.172(c), 3.850. The excerpt of the plea in the record discloses that defendant’s consent to the entry of the plea was not a knowing waiver of his rights.¹

Reversed and remanded for further proceedings.

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Bluebook (online)

566 So. 2d 522, 1990 Fla. App. LEXIS 3163, 1990 WL 58282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duquesne-v-state-fladistctapp-1990.