State v. Rodriguez

990 So. 2d 600, 2008 WL 3916236
CourtDistrict Court of Appeal of Florida
DecidedAugust 27, 2008
Docket3D07-2834
StatusPublished
Cited by9 cases

This text of 990 So. 2d 600 (State v. Rodriguez) 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
State v. Rodriguez, 990 So. 2d 600, 2008 WL 3916236 (Fla. Ct. App. 2008).

Opinion

990 So.2d 600 (2008)

The STATE of Florida, Appellant,
v.
Jose RODRIGUEZ, Appellee.

No. 3D07-2834.

District Court of Appeal of Florida, Third District.

August 27, 2008.
Rehearing Denied September 23, 2008.

*601 Bill McCollum, Attorney General, and Nicholas Merlin, Assistant Attorney General, for appellant.

Peter Raben, Coconut Grove, for appellee.

Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.

CORTIÑAS, J.

Appellant, the State of Florida (the "State"), seeks review of the trial court's order determining that appellee, Jose Rodriguez ("Rodriguez"), received ineffective assistance of counsel and granting Rodriguez a new trial. We reverse.

Rodriguez was charged in a one hundred thirteen count Information which alleged the commission of one violation of the Racketeering Influence Corrupt Organization Act ("RICO"), forty-nine counts of robbery, thirty-three counts of kidnapping, nineteen counts of unlawful possession of a firearm while engaged in a criminal offense, three counts of sexual battery, six counts of attempted robbery, and three counts of aggravated assault. The Information alleged that Rodriguez was involved in at least twenty-two separate incidents giving rise to the charges. In the fall of 1987, the State made known its strategy of separating the different incidents for trial. One incident in particular was set to be tried during the first week of November 1987.

The record demonstrates that the State had substantial evidence against Rodriguez, including eyewitness testimony and physical evidence. Rodriguez's defense counsel sought to advance the defense of either misidentification or toxic psychosis as a result of cocaine intoxication. Prior to the November trial, however, the State extended a plea offer to Rodriguez to resolve all one hundred thirteen charges of the Information in exchange for a guilty plea and a term of thirty years in prison. Defense counsel recalled that the plea offer was made at a status conference prior to the commencement of trial and that he was under time constraints in his effort to *602 convey the plea offer to Rodriguez. After discussions with defense counsel, the plea offer was rejected by Rodriguez and the case proceeded to trial. Rodriguez was convicted of numerous counts pertaining to the incident that was the subject of the trial. Despite the conviction, the trial court delayed sentencing pending the resolution of the remaining charges. Following the conviction after the first trial, the State offered Rodriguez life imprisonment in exchange for a guilty plea, with a fifteen-year minimum mandatory term to resolve the remaining counts. This offer was also rejected by Rodriguez and he proceeded to trial on the second incident. Rodriguez was, once again, convicted and sentenced to several terms of life imprisonment. Afterward, the State dismissed the remaining counts pertaining to the other incidents. Rodriguez subsequently appealed his convictions, which we affirmed without opinion. Rodriguez v. State, 691 So.2d 1085 (Fla. 3d DCA 1997).

In April 1999, Rodriguez filed a motion for post conviction relief which was denied by the trial court without an evidentiary hearing. In February 2001, we reversed and directed the trial court to hold an evidentiary hearing with respect to certain issues in Rodriguez's original motion. Rodriguez v. State, 777 So.2d 1143 (Fla. 3d DCA 2001). The hearing was commenced on April 24, 2005 but, in order to allow further discovery, was continued and did not resume until September 28, 2007. At the continuation of the hearing, Rodriguez announced that he was abandoning all his claims of ineffective assistance of counsel except for his claim that defense counsel had failed to properly convey the State's original plea offer of thirty years in state prison to Rodriguez. Rodriguez, his former defense counsel, and Rodriguez's expert witness, Ray Taseff, Esq., testified at the hearing.

At the evidentiary hearing, defense counsel testified that he discussed the plea offer with Rodriguez and advised him that he would be eligible for good time, gain time, credit for time served, and possibly parole. Defense counsel also intimated to Rodriguez that he would not have to serve the entire thirty-year term. However, defense counsel stated that he had not specifically quantified the amount of time Rodriguez would serve because he did not want to mislead him. Defense counsel also testified that he recommended that Rodriguez take the plea offer.

Rodriguez testified at the evidentiary hearing that he was aware he faced life in prison and that defense counsel had informed him about the thirty-year plea offer and the possibility of parole. He further testified that defense counsel had not advised him of gain time. Despite his discussion with defense counsel, Rodriguez testified that he came away from the conversation believing that he would have to serve the full thirty years. Rodriguez admitted that he used drugs for a period of approximately eight to ten years, which included the time the plea offer was conveyed, and that his memory was affected as a result.

Following the evidentiary hearing, the trial court granted Rodriguez's motion and ordered a new trial. The trial court based its decision upon findings which included that defense counsel had advised Rodriguez of the possibility of parole even though parole had been abolished in 1983, and failed to quantify the amount of time Rodriguez could expect to serve in prison even though counsel was aware that in the late 1980's inmates were, for various reasons, serving considerably less time than the term of years imposed at sentencing. The court also found that, although defense counsel advised Rodriguez that in the event of an acquittal he would still *603 spend approximately five years in a mental hospital, he was ineffective in failing to advise him that, by accepting the plea, he faced a similar loss of liberty. The trial court further found that, even though defense counsel had recommended that Rodriguez take the plea, defense counsel failed to explain why it was in his best interest to accept the plea. This appeal from the State followed.

Claims of ineffective assistance of counsel are reviewed under the two-prong standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and, as a result, Florida courts employ a mixed standard of review deferring to the circuit court's factual findings supported by substantial competent evidence, but review the trial court's legal conclusions de novo. Sochor v. State, 883 So.2d 766, 771-772 (Fla.2004).

Strickland requires a showing of: 1) deficient performance by counsel, and 2) subsequent prejudice resulting from the deficient performance. Strickland, 466 U.S. at 687, 104 S.Ct. 2052. In determining whether a defendant has received ineffective assistance of counsel with regard to the communication of a plea offer, Florida courts also rely upon a three-prong test requiring that a defendant allege that: 1) counsel failed to relay a plea offer or misinformed the defendant of the penalty faced, 2) the defendant would have accepted the offer, and 3) the plea would have resulted in a lesser sentence. Cottle v. State, 733 So.2d 963, 966 (Fla.1999). This Court has held that:

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Cite This Page — Counsel Stack

Bluebook (online)
990 So. 2d 600, 2008 WL 3916236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodriguez-fladistctapp-2008.