Opinion
Case No. 5D19-766
09-27-2019
ALAN D. TAYLOR, Appellant, v. STATE OF FLORIDA, Appellee.
Alan D. Taylor, Daytona Beach, pro se. Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 3.850 Appeal from the Circuit Court for Putnam County, Patti A. Christensen, Judge. Alan D. Taylor, Daytona Beach, pro se. Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. WALLIS, J.
Alan D. Taylor appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Taylor alleges that a previously undisclosed plea offer revealed thirteen years after his conviction and sentence constitutes newly discovered evidence justifying his delayed filing of his postconviction motion. Specifically, Taylor had cases pending simultaneously in Alachua and Putnam Counties. Taylor's motion, including attachments, established that although he knew that Alachua and Putnam Counties were attempting to negotiate a global plea, a deal was never finalized. Taylor further alleges that when he arrived in Putnam County his trial counsel told him there was no offer. Moreover, Taylor claims he only learned of a favorable plea offer in August 2015, when it was sent to him with other documents and "attached apparently by accident or without the clerk having direct knowledge."
We find that Taylor's allegations are sufficient to show that the plea offer was unknown to him at the time of trial. We also find that he could not have known about it through the exercise of diligence because of the allegation that counsel advised him there was no offer, and the clerk of court indicated there was no record of an offer. Therefore, we reverse and remand for an evidentiary hearing for the trial court to determine when the plea offer was conveyed to Taylor, whether Taylor could have known about the plea offer sooner, and whether Taylor can meet the factors identified in Alcorn v. State, 121 So. 3d 419 (Fla. 2013).
REVERSED and REMANDED with Instructions. LAMBERT and GROSSHANS, JJ., concur.