Wilson v. State, 94-332
| Decision Date | 05 July 1994 |
| Docket Number | No. 94-332,94-332 |
| Citation | 647 So.2d 185 |
| Parties | 19 Fla. L. Weekly D1472 Frank WILSON, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Frank Wilson, Jr., pro se.
No appearance for appellee.
Frank Wilson, Jr. has appealed from an order of the trial court summarily denying his motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850. We affirm in part, reverse in part, and remand.
Wilson was convicted by jury of armed robbery, nine counts of armed kidnapping, attempted armed robbery, and conspiracy to commit armed robbery. He was sentenced respectively to 12 years, nine life terms, and two 5 1/2 year terms, all concurrent. Wilson appealed to this court, which affirmed without opinion. Wilson v. State, 603 So.2d 1279 (Fla. 1st DCA 1992) (mandate issued September 30, 1992).
Wilson filed the instant motion on October 4, 1993. He alleged that his trial counsel was ineffective in failing to communicate a plea bargain, in denying Wilson the right to testify on his own behalf, in failing to assert a voluntary intoxication defense, in blocking Wilson's demand for a speedy trial, in refusing to interview or call alibi witnesses, and in failing to request an instruction that Wilson was medicated during the trial. Wilson also alleged the imposition of costs and fees without notice; departure from the guidelines without written reasons; insufficiency of the evidence to prove kidnapping; and an improper determination of his competency to stand trial.
The trial court summarily denied the motion by order of January 3, 1994. As to the allegation of ineffective assistance, the court held that the failure to communicate a plea bargain did not constitute ineffective assistance; keeping Wilson off the stand was a tactical decision; the record reflected no intoxication at the time of the crime; seeking a speedy trial was a tactical decision; Wilson failed to assert the names or testimony of his alibi witnesses, or the resulting prejudice; and the jury instruction issue could have been raised on direct appeal. As to the remaining grounds, the court found that the imposed fees and costs were mandated by statute; that the scoresheet showed a guidelines sentence; and that the sufficiency of the evidence and the determination of competency should have been raised on direct appeal.
The motion herein was correctly denied as to all but three grounds, as to which reversal and remand for further proceedings is required. A claim for ineffective assistance of counsel in failing to communicate a plea offer is adequate where it alleges that: 1) counsel failed to communicate a plea offer, 2) had the defendant been adequately advised he would have accepted the offer, and 3) the acceptance of the offer would have resulted in a lesser sentence. Young v. State, 608 So.2d 111, 113 (Fla. 5th DCA 1992). Here, Wilson alleged that counsel "failed to communicate plea offers ranging between 30 and 40 years" in return for a guilty plea; that he would have accepted such...
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