John Anthony Maricevich v. State of Florida

185 So. 3d 698

• Court: District Court of Appeal of Florida
• Decided: February 15, 2016
• Docket: Ño. 1D14-5362
• Status: Published

Opinion

WOLF, J.

Appellant challenges the denial of his amended motion filed pursuant to Florida Rule of Criminal Procedure 3.850, which the court denied following an evidéntiary hearing.' He raisés several issues," including that the trial court abused its discretion in denying his motion to appoint counsel. We agree. The record reflects that appellant is illiterate and has only a third-grade education. He raised complex issues pursuant to Alcorn v. State, 121 So.3d 419 (Fla.2013), alleging he failed to enter a plea because he was affirmatively misad-vised as to the collateral consequences of that plea. Based on the record before us and the complexity of the issues involved, we find the trial court abused its discretion in failing to grant appellant’s. motion to appoint counsel. See Williams v. State, 472 So.2d 738, 740 (Fla.1985) (finding a trial court abused its discretion in’ denying a motion for counsel for'a postconviction hearing where the petitioner was semi-literate, had only a second-grade education, and raised a colorable claim that required an evidentiary hearing).

We reverse the order denying the amended postconviction motion and remand to the trial court for a new hearing after counsel has been appointed.

REVERSED and REMANDED.

BILBREY and WINOKUR, JJ., concur.