Seymore v. State, 96-462
| Decision Date | 28 April 1997 |
| Docket Number | No. 96-462,96-462 |
| Citation | 693 So.2d 647 |
| Parties | 22 Fla. L. Weekly D1106 Durwyn J. SEYMORE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appellant, pro se.
Robert A. Butterworth, Attorney General; Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, an inmate of the state correctional system, seeks review of an order denying his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, appellant claimed entitlement to relief on a number of grounds. We affirm the denial of relief as to all claims, save one, without further discussion. However, as to that one claim, we are constrained to reverse and remand for further proceedings.
Appellant alleged that his trial counsel was ineffective because he failed to communicate to appellant plea offers involving prison terms ranging between 30 months and 3 1/2 years made by the prosecutor; that he would have accepted one of those offers had his attorney communicated them to him; and that acceptance of the offer would have resulted in a shorter prison term than the 20-year sentence he ultimately received, as an habitual violent felony offender. Such allegations are legally sufficient to state a claim for relief pursuant to rule 3.850, precluding summary denial. Wilson v. State, 647 So.2d 185 (Fla. 1st DCA 1994). Accordingly, we reverse the trial court's summary denial of this claim, and remand for further proceedings consistent with rule 3.850. We affirm the denial of relief as to all of the other claims made by appellant.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
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Cottle v. State
...review Cottle v. State, 700 So.2d 53 (Fla. 5th DCA 1997), based on direct and express conflict with the decisions1 in Seymore v. State, 693 So.2d 647 (Fla. 1st DCA 1997); Hilligenn v. State, 660 So.2d 361 (Fla. 2d DCA 1995); and Abella v. State, 429 So.2d 774 (Fla. 3d DCA 1983). At issue is......
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Karg v. State, 97-1523
...determining the truthfulness of the allegation that his attorney failed to communicate plea offers to him. See, e.g. Seymore v. State, 693 So.2d 647 (Fla. 1st DCA 1997)(allegation of failure to communicate plea offer states colorable claim of ineffective assistance in context of motion for ......
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Gardner v. State, 1D00-4579.
...on which the claim is predicated were unknown to the movant"); Rodriguez v. State, 777 So.2d 1143 (Fla. 3d DCA 2001); Seymore v. State, 693 So.2d 647 (Fla. 1st DCA 1997). Accordingly, we reverse the trial court's order and remand for an evidentiary hearing or attachment of portions of the r......