Webb v. State
Webb v. State
Opinion of the Court
Michael Webb appeals the summary denial of his successive motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Two through Ten.
AFFIRMED in part, REVERSED in part, and REMANDED.
. We note that a trial court may also dismiss a postconviction motion raising new or different claims for relief as successive if it finds there was "no good cause for the failure of the defendant ... to have asserted those grounds in a prior motion.” See Fla. R, Crim. P. 3.850(h)(2).
Concurring Opinion
concurring specially.
I agree with the decision to affirm the summary denial of grounds two through ten of Webb’s rule 3.850 motion for post-conviction relief. I also agree with reversing the summary denial of ground one. In that ground, Webb alleged that his trial counsel was constitutionally ineffective for misadvising him to reject a favorable plea offer from the State, having purportedly told Webb that because the State’s offer was not in writing, it was likely a “ruse” to obtain a “guilty admission” from Webb that counsel suggested could thereafter be used against Webb at trial if the court rejected the plea agreement. As farfetched as this claim sounds, the postconviction court summarily denied this ground based on its findings that, at the March 6, 2013 status conference, the State’s plea offer was conveyed to Webb by counsel and
In this case, both Webb and the postcon-viction court acknowledge that the instant rule 3.850 motion was not Webb’s first such motion. Rule 3.850(h)(2) permits a trial court to dismiss a successive rule 3.850 motion raising new or different grounds for relief if the court finds that there was no good cause for the failure to assert those grounds in a prior motion or that the failure to previously assert these grounds constituted an abuse of the procedure. The one ground for which we are reversing clearly could have and should have been asserted in at least one of Webb’s prior motions, and Webb’s explanation in his present motion for not doing so does not, in my view, establish good cause and is an abuse of the procedure.
. Webb, who is presently in the custody of the Florida Department of Corrections, claimed that he was misadvised by "institution law clerks” that the "trial court errors” raised in his earlier motions were cognizable in post-conviction proceedings and that Webb could "later amend and supplement further claims at any time.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.