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Jackson v. State, Case No. 1D09-0738 (Fla. App. 6/12/2009) (Fla. App., 2009)

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TYRONE JACKSON, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D09-0738. District Court of Appeal of Florida, First District. Opinion filed June 12, 2009.An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge. Tyrone Jackson, pro se, Appellant. Bill McCollum, Attorney General, and Natalie D. Kirk, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant appeals the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the trial court’s summary denial of Appellant’s claim. Appellant alleges that his trial counsel was ineffective for failing to properly convey a plea offer to him, thereby causing him to proceed to trial. Where a movant is alleging that his trial counsel was ineffective for failing to convey a plea agreement, the motion must allege that: (1) counsel failed to convey a plea offer or misinformed the defendant concerning the possible sentence he faced; (2) the defendant would have accepted the plea but for counsel’s failures; and (3) acceptance of the plea would have resulted in a lesser sentence than was ultimately imposed...continue to full post

Full post as published by Florida Criminal Law Opinions on June 12, 2009 (boomark / email).