Haynes v. State
Citation | 729 So.2d 498 |
Decision Date | 30 March 1999 |
Docket Number | No. 98-2516.,98-2516. |
Parties | Ruben HAYNES, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Ruben Haynes, Appellant, Pro Se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
Appellant, Ruben Haynes, appeals an order of the trial court summarily denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, appellant presented five claims of ineffective assistance of counsel. We affirm the denial of post-conviction relief as to grounds one and five without further discussion, but we are constrained to reverse as to grounds two, three, and four, and remand for further proceedings.
Where, as in the instant case, the trial court summarily denies post-conviction relief without an evidentiary hearing or attachment of portions of record which conclusively refute the prisoner's claims, the reviewing court must assume the truth of the allegations set forth in the motion and determine from that premise whether the prisoner has presented a prima facie claim for relief. See Valle v. State, 705 So.2d 1331, 1333 (Fla. 1997)
; Allen v. State, 642 So.2d 120 (Fla. 1st DCA 1994); Waters v. State, 612 So.2d 685 (Fla. 5th DCA 1993). See also Williams v. State, 689 So.2d 1217 (Fla. 1st DCA 1997).
cert. denied, ___ U.S. ___, 118 S.Ct. 1076, ___ L.Ed.2d ___ (1998). Miranda warnings are not required unless the defendant is (1) in custody, and (2) under interrogation. See id. at 1188.
In Miranda, the Court explained that custodial interrogation involves "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." See White v. State, 680 So.2d 550, 555-56 (Fla. 1st DCA 1996),
opinion quashed on other grounds, 710 So.2d 949 (Fla.1998), cert. granted, sub nom. Florida v. White, ___ U.S. ___, 119 S.Ct. 508, 142 L.Ed.2d 421 (1998), quoting Miranda, 384 U.S. at 444, 86 S.Ct. at 1612. In White, this court explained:
In his rule 3.850 motion, appellant alleged that prior to trial, no witness was able to identify him as the person who sold the used battery tester which had been stolen. Therefore, appellant's inculpatory statement to the officer was the only evidence connecting him to the original theft of the used battery tester. Appellant further alleged that he was in custody, but unwarned, when the officer led him away from the automobile and its passenger for questioning.
The trial court denied relief on this claim, based on the court's finding that the issue should have been raised on direct appeal. The abbreviated record in this case does not indicate that a motion to suppress statements was filed and denied. Therefore, the issue could be raised only as an ineffective assistance of counsel claim. See Stewart v. State, 629 So.2d 267, 268 (Fla. 2d DCA 1993)
. Since there is nothing in the record to suggest that appellant waived the Miranda warnings, or that he made essentially the same statements after being given proper warnings, we reverse the denial of relief as to ground two, and remand for further proceedings.
In ground three of the rule 3.850 motion, appellant alleged his trial counsel was ineffective for failing to move to exclude, or otherwise object to, admission of collateral crimes evidence. Appellant alleged his trial counsel was on notice during pre-trial that evidence would be introduced concerning appellant's previous criminal history, but counsel failed to file a motion to prevent introduction of this evidence, and failed to object when the evidence was introduced at trial.
A post-conviction motion raising claims that trial counsel failed to object when, at various points during the trial, evidence of the defendant's prior criminal history was introduced, is facially sufficient to avoid summary denial of the motion. See Johnson v. State, 611 So.2d 88, 89 (Fla. 2d DCA 1992),
review denied, 621 So.2d 432 (Fla.1993); Williams v. State, 447 So.2d 442 (Fla. 5th DCA 1984).
In this case, appellant alleged the arresting officer's pre-trial testimony placed trial counsel on notice that the officer had prior knowledge of circumstances which resulted in appellant's arrest, incarceration, and the suspension of his driver's license. Since the pivotal issue at trial apparently was whether appellant knew or should have known that the used battery tester he sold had been stolen, it seems the introduction of evidence of appellant's previous criminal history would influence the jury in its evaluation of appellant's state of mind. Again, assuming the truth of appellant's...
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