Gonzalez v. State

District Court of Appeal of Florida

Gonzalez v. State

183 So. 3d 1249, 2016 Fla. App. LEXIS 834, 2016 WL 264535

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 2016

DocketNo. 5D15-232

StatusPublished

This text of 183 So. 3d 1249 (Gonzalez 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

Gonzalez v. State, 183 So. 3d 1249, 2016 Fla. App. LEXIS 834, 2016 WL 264535 (Fla. Ct. App. 2016).

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Opinion

WALLIS, J.

Carlos Gonzalez (“Appellant”) appeals the summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. The State charged Appellant with attempted second-degree murder. Appellant was convicted of the lesser-included offense of aggravat[1250]*1250ed battery, and the trial court sentenced him to, ten years’ incarceration followed by five years’ probation.

Appellant presents one meritorious issue on appeal, arguing the trial court records are ambiguous with regard to whether his counsel advised him of a plea offer prior to trial. The record on appeal does not conclusively refute Appellant’s claim.. “To uphold the [postconviction] court’s summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record.” Foster v. State, 810 So.2d 910, 914 (Fla.2002) (quoting Peede v. State, 748 So.2d 253, 257 (Fla.1999)). We reverse and remand for the trial court to either conduct an eviden-tiary hearing or attach portions of the record conclusively refuting this claim.

REVERSED and REMANDED.

TORPY and LAMBERT, JJ., concur.

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WALLIS, J.

Carlos Gonzalez (“Appellant”) appeals the summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. The State charged Appellant with attempted second-degree murder. Appellant was convicted of the lesser-included offense of aggravat[1250]*1250ed battery, and the trial court sentenced him to, ten years’ incarceration followed by five years’ probation.

Appellant presents one meritorious issue on appeal, arguing the trial court records are ambiguous with regard to whether his counsel advised him of a plea offer prior to trial. The record on appeal does not conclusively refute Appellant’s claim.. “To uphold the [postconviction] court’s summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record.” Foster v. State, 810 So.2d 910, 914 (Fla.2002) (quoting Peede v. State, 748 So.2d 253, 257 (Fla.1999)). We reverse and remand for the trial court to either conduct an eviden-tiary hearing or attach portions of the record conclusively refuting this claim.

REVERSED and REMANDED.

TORPY and LAMBERT, JJ., concur.

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Bluebook (online)

183 So. 3d 1249, 2016 Fla. App. LEXIS 834, 2016 WL 264535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-state-fladistctapp-2016.

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