Evans v. State

District Court of Appeal of Florida

Evans v. State

706 So. 2d 127, 1998 Fla. App. LEXIS 1878, 1998 WL 80441

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 1998

DocketNo. 97-3203

StatusPublished

This text of 706 So. 2d 127 (Evans 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

Evans v. State, 706 So. 2d 127, 1998 Fla. App. LEXIS 1878, 1998 WL 80441 (Fla. Ct. App. 1998).

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Opinion

W. SHARP, Judge.

We affirm the summary denial of Evans’ motion filed pursuant to Florida Rule of Criminal Procedure 3.850. His allegations that trial counsel was ineffective because he failed to present a possible involuntary intoxication defense are general and vague. They do not prima facie establish an ineffective assistance ground. See Stevens v. State, 693 So.2d 144 (Fla. 5th DCA 1997). The record refutes Evans’ allegation that he was unaware of the consequences of being sentenced as an habitual offender. Evans’ stipulation that he qualified as an habitual offender renders any failure by the trial court to make a formal finding on this issue harmless error. DaCosta v. State, 647 So.2d 818 (Fla.1994).

AFFIRMED.

HARRIS and ANTOON, JJ., concur.

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W. SHARP, Judge.

We affirm the summary denial of Evans’ motion filed pursuant to Florida Rule of Criminal Procedure 3.850. His allegations that trial counsel was ineffective because he failed to present a possible involuntary intoxication defense are general and vague. They do not prima facie establish an ineffective assistance ground. See Stevens v. State, 693 So.2d 144 (Fla. 5th DCA 1997). The record refutes Evans’ allegation that he was unaware of the consequences of being sentenced as an habitual offender. Evans’ stipulation that he qualified as an habitual offender renders any failure by the trial court to make a formal finding on this issue harmless error. DaCosta v. State, 647 So.2d 818 (Fla.1994).

AFFIRMED.

HARRIS and ANTOON, JJ., concur.

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Bluebook (online)

706 So. 2d 127, 1998 Fla. App. LEXIS 1878, 1998 WL 80441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-fladistctapp-1998.

Opinion

W. SHARP, Judge.

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