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Perez v. State

District Court of Appeal of Florida, Third District
Feb 9, 2005
893 So. 2d 629 (Fla. Dist. Ct. App. 2005)

Summary

reversing summary denial of rule 3.850 motion where the record did not refute the appellant's allegation that he rejected a favorable plea offer based on trial counsel's “incompetent” advice that “he was likely to be acquitted”

Summary of this case from Flint v. State

Opinion

No. 3D04-669.

February 9, 2005.

Appeal from the Circuit Court, Miami-Dade County, Scott J. Silverman, J.

Amauri Perez, in proper person.

Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before COPE, RAMIREZ and WELLS, JJ.


Amauri Perez appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

With regard to ground two of the motion filed by defendant-appellant Perez, we remand for an evidentiary hearing. The defendant's sworn motion states in substance that trial counsel advised him that he was likely to be acquitted of the charges of aggravated battery on a police officer and resisting arrest with violence. He asserts that in reliance on this advice he rejected the State's plea offer of a five-year mandatory minimum term of imprisonment. Upon conviction, the defendant was sentenced to ten years with a mandatory minimum of five years. The defendant alleges that counsel's advice to reject the plea was incompetent in view of the substantial evidence against him. The record does not conclusively refute that claim. See Sharpe v. State, 861 So.2d 483 (Fla. 3d DCA 2003); Gomez v. State, 832 So.2d 793 (Fla. 3d DCA 2002); Garcia v. State, 814 So.2d 536 (Fla. 3d DCA 2002).

We agree with the trial court's thorough analysis rejecting the defendant's other claims.

Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.


Summaries of

Perez v. State

District Court of Appeal of Florida, Third District
Feb 9, 2005
893 So. 2d 629 (Fla. Dist. Ct. App. 2005)

reversing summary denial of rule 3.850 motion where the record did not refute the appellant's allegation that he rejected a favorable plea offer based on trial counsel's “incompetent” advice that “he was likely to be acquitted”

Summary of this case from Flint v. State

reversing the summary denial of postconviction relief and remanding for an evidentiary hearing on the defendant's claim that counsel's advice to reject the plea was incompetent in view of the substantial evidence against him

Summary of this case from Dines v. State
Case details for

Perez v. State

Case Details

Full title:Amauri PEREZ, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 9, 2005

Citations

893 So. 2d 629 (Fla. Dist. Ct. App. 2005)

Citing Cases

Garcia v. State

This court has held that where defense counsel is alleged to have rendered ineffective assistance in advising…

Flint v. State

Moreover, the postconviction record does not conclusively refute his claim that his trial counsel advised him…