Flint v. State

District Court of Appeal of Florida

Flint v. State

184 So. 3d 610, 2016 Fla. App. LEXIS 1189, 2016 WL 358967

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 2016

Docket2D15-2370

StatusPublished

This text of 184 So. 3d 610 (Flint 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

Flint v. State, 184 So. 3d 610, 2016 Fla. App. LEXIS 1189, 2016 WL 358967 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Raleigh Flint appeals the order denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3,850. We reverse the portion of the order that summarily denies relief on ground one of Mr. Flint’s motion and affirm without comment on the remaining portions of the postconviction court’s order.

In ground one of his motion, Mr. Flint alleged that his trial counsel’s advice to reject a plea offer amounted to ineffective *611 assistance of counsel. He alleged that his trial counsel informed him that the State offered concurrent sentences of five years’ imprisonment in exchange for his guilty pleas to charges of burglary of a conveyance and grand theft. Trial counsel also advised him that if he proceeded to' trial and lost, he “more than likely” would be sentenced as a habitual'felony offender. However, Mr. Flint alleged that his trial counsel advised him to reject the plea offer because she felt she could win at trial.- In reliance on this advice, Mr. Flint proceeded to trial, was found guilty-as charged, and was sentenced to concurrent terms of ten years’ imprisonment as a habitual felony offender. Mr, Flint now contends that trial counsel’s confidence in a favorable verdict and advice to reject the plea offer were unreasonable because “there ’ was overwhelming physical and testimonial evidence against him.” ' -

The posttconviction record supports Mr. Flint’s allegation that the evidence against him, at least at the time of trial, was “overwhelming.” Moreover, the postcon-viction record does not conclusively refute his claim that his trial counsel advised him to reject the State’s plea offer or that such advice would have been unreasonable at the time it was allegedly given. See Perez v. State, 893 So.2d 629, 629 (Fla. 3d DCA 2005) (reversing summary denial of rule 3.850 motion where the record did not refute the appellant’s allegation that he injected' a favorable plea offer based on trial counsel’s “incompetent” advice that “he was likely to be acquitted”). Because the present record does not conclusively refute ground one of Mr.' Flint’s motion, we reverse the postconviction court’s order insofar as.it denies ground one and remand for further- proceedings. See Fla. R.App. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be-reversed and the pause remanded for an evidentiary hearing or other appropriate relief.”). ,

Affirmed in part; reversed in part; and remanded.

KELLY, WALLACE, and MORRIS, JJ., Concur.

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PER CURIAM.

Raleigh Flint appeals the order denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3,850. We reverse the portion of the order that summarily denies relief on ground one of Mr. Flint’s motion and affirm without comment on the remaining portions of the postconviction court’s order.

In ground one of his motion, Mr. Flint alleged that his trial counsel’s advice to reject a plea offer amounted to ineffective *611 assistance of counsel. He alleged that his trial counsel informed him that the State offered concurrent sentences of five years’ imprisonment in exchange for his guilty pleas to charges of burglary of a conveyance and grand theft. Trial counsel also advised him that if he proceeded to' trial and lost, he “more than likely” would be sentenced as a habitual'felony offender. However, Mr. Flint alleged that his trial counsel advised him to reject the plea offer because she felt she could win at trial.- In reliance on this advice, Mr. Flint proceeded to trial, was found guilty-as charged, and was sentenced to concurrent terms of ten years’ imprisonment as a habitual felony offender. Mr, Flint now contends that trial counsel’s confidence in a favorable verdict and advice to reject the plea offer were unreasonable because “there ’ was overwhelming physical and testimonial evidence against him.” ' -

The posttconviction record supports Mr. Flint’s allegation that the evidence against him, at least at the time of trial, was “overwhelming.” Moreover, the postcon-viction record does not conclusively refute his claim that his trial counsel advised him to reject the State’s plea offer or that such advice would have been unreasonable at the time it was allegedly given. See Perez v. State, 893 So.2d 629, 629 (Fla. 3d DCA 2005) (reversing summary denial of rule 3.850 motion where the record did not refute the appellant’s allegation that he injected' a favorable plea offer based on trial counsel’s “incompetent” advice that “he was likely to be acquitted”). Because the present record does not conclusively refute ground one of Mr.' Flint’s motion, we reverse the postconviction court’s order insofar as.it denies ground one and remand for further- proceedings. See Fla. R.App. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be-reversed and the pause remanded for an evidentiary hearing or other appropriate relief.”). ,

Affirmed in part; reversed in part; and remanded.

KELLY, WALLACE, and MORRIS, JJ., Concur.

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184 So. 3d 610, 2016 Fla. App. LEXIS 1189, 2016 WL 358967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flint-v-state-fladistctapp-2016.

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