Pettway v. State, 87-356
| Decision Date | 25 February 1987 |
| Docket Number | No. 87-356,87-356 |
| Citation | 12 Fla. L. Weekly 646,502 So.2d 1353 |
| Parties | 12 Fla. L. Weekly 646 John E. PETTWAY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John Pettway appeals from the summary denial of his motion for postconviction relief.
Pettway is currently serving a nine-year prison sentence, apparently a guideline sentence. He claims that this sentence was artificially enhanced by the effect upon his scoresheet calculation of several uncounseled convictions, and that trial counsel knew of this inaccuracy but failed to object. If this allegation is true Pettway might be entitled to relief. Lanier v. State 478 So.2d 1184 (Fla. 2d DCA 1985); Pilla v. State, 477 So.2d 1088 (Fla. 4th DCA 1985). The trial court's order states that the files and records in the case support denial of the motion, but the court did not attach copies of these records as is required by Florida Rule of Criminal Procedure 3.850.
Pettway also alleges that his plea of nolo contendere was "coerced". This allegation is facially insufficient and the trial court properly denied relief on this ground.
Upon remand the trial court may again deny the motion, but should include whatever exhibits or other evidence it relied upon in support of that denial. In the event the court chooses this alternative Pettway must file a notice of appeal within thirty days to obtain further appellate review. If, on the other hand, the trial court cannot substantiate denial of the motion by reference to the record, it should direct the state attorney to file an answer to the motion.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.
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Rowe v. State, 88-4
...miscalculations might qualify as ineffective assistance if the defendant is prejudiced by counsel's omission. Pettway v. State, 502 So.2d 1353 (Fla. 2d DCA 1987). However, as with any other claim of ineffective assistance, the movant must at least allege that the outcome--in this instance t......
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Lowe v. State, 87-213
...v. State, 498 So.2d 1009, 1010 (Fla. 2d DCA 1986). See also Oldacre v. State, 509 So.2d 1343 (Fla. 1st DCA 1987); Pettway v. State, 502 So.2d 1353 (Fla. 2d DCA 1987); Hayes v. State, 468 So.2d 470 (Fla. 4th DCA 1985). In Croft v. State, 513 So.2d 759 (Fla. 2d DCA 1987), the court held that ......
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Wilson v. State, 88-2194
...failure to clarify known factual errors at the time of sentencing could constitute ineffective assistance of counsel. Pettway v. State, 502 So.2d 1353 (Fla. 2d DCA 1987). However, any such claim requires a showing that, but for counsel's omissions, a lesser sentence would have been imposed.......
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