Malespin v. State
Malespin v. State
Opinion of the Court
This is an appeal from the trial court’s denial of defendant Enrique Malespin’s motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Malespin claims he was denied effective assistance of counsel when his attorney failed to inform him that the State’s 50-month plea offer would only be available to him for one day. Malespin failed to accept the offer within the time limit and eventually was sentenced to ten years’ imprisonment. He alleges that if he had known the
As it is not clear from the face of the record whether the plea offer was open for only one day and, if so, whether counsel told Malespin of the limited availability of the offer, we remand for an evidentiary hearing to determine whether the plea offer would be withdrawn after one day and, if so, whether defendant was informed of this.
We find no merit in Malespin’s other 3.850 claims.
Affirmed in part, reversed in part, remanded with instructions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.