Hogan v. State
Hogan v. State
Opinion of the Court
The appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 motion arguing that trial counsel was ineffective because he misadvised the appellant of the maximum sentence that he faced when considering the state’s plea offer.
The trial court summarily denied the appellant’s claim, concluding that the appellant was not prejudiced because he was sentenced to 15 years’ imprisonment, the maximum he thought he was facing when he rejected the plea offer, rather than the 30 years he could have gotten as a habitual felony offender. See generally Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). However, the trial court’s order is at odds with the recent supreme court decision in Alcorn v. State, 121 So.3d 419 (Fla. 2013) (holding that to establish prejudice a defendant must demonstrate that he would have accepted the plea offer had counsel advised the defendant correctly, the prosecutor would not have withdrawn the plea offer, the court would have accepted the offer, and the conviction or sentence, or both,
Consequently, we reverse the summary denial of this claim and remand for the trial court to either attach the portion of the record that conclusively refutes the appellant’s claim, as analyzed under Al-corn, or to hold an evidentiary hearing on the matter.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
. The appellant raised a second claim in his motion, but because he has filed an initial brief and has not argued this second claim in the brief, he has waived the right to have this Court consider this matter in this appeal. See White v. White, 627 So.2d 1237 (Fla. 1st DCA 1993). We therefore affirm the summary denial of this claim.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.