Mitchell v. State
Mitchell v. State
Opinion of the Court
Appellant, Elise Mitchell, seeks review of an order denying her motion for post-conviction relief. She asserted in her motion that counsel was ineffective for failing to investigate whether the property that was burned was a “dwelling” under the arson statute, for failing to interview and depose various witnesses, and for failing to investigate an intoxication defense. Additionally, she asserted that her plea was not voluntary, because counsel failed to investigate and therefore failed to properly advise her, and because she was under the influence of psychotropic medications at the time she entered her plea to the arson charge. We conclude that appellant raised a facially sufficient claim of ineffectiveness due to counsel’s alleged failure to investigate the property that was burned to determine whether it constituted a “dwelling” under the arson statute and reverse and remand on that point. The court’s remaining rulings are affirmed for the reasons that the claims are facially insufficient or rebutted by the record.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.
Reference
- Full Case Name
- Elise MITCHELL v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published