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Monfiston v. State

District Court of Appeal of Florida, Fourth District
Dec 27, 2006
946 So. 2d 1194 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D06-380.

December 27, 2006.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 02-11951 CF10A.

Franklin Monfiston, Belle Glade, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR REHEARING


Monfiston seeks post-conviction relief under rule 3.850 based on his counsel's failure to assert a claim that Miranda warnings were insufficient for the reason we addressed in Roberts v. State, 874 So.2d 1225 (Fla. 4th DCA 2004). It appears from the officer's testimony in this case that Miranda warnings were read from the same sheriff's card that we found wanting in Roberts.

Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

This court has previously recognized that such a claim may be raised under rule 3.850. E.g., Stanch v. State, 917 So.2d 911 (Fla. 4th DCA 2005). As in Stancle, we find Monfiston's claim of ineffective assistance of counsel to be sufficient.

The state, in its brief, has proffered the portion of the record that would have been attached to; the summary order from the record. We deem the generalized objections raised by counsel in that record to be insufficient to support a summary disposition.

We have considered, and reject, the state's argument that Monfiston has waived the right to assert the Roberts issue by taking the position, regarding the motion to suppress, that no Miranda warnings were read at all.

Therefore, we reverse the trial court's summary denial and remand for an evidentiary hearing.

GUNTHER, STONE and SHAHOOD, JJ., concur.


Summaries of

Monfiston v. State

District Court of Appeal of Florida, Fourth District
Dec 27, 2006
946 So. 2d 1194 (Fla. Dist. Ct. App. 2006)
Case details for

Monfiston v. State

Case Details

Full title:Franklin MONFISTON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 27, 2006

Citations

946 So. 2d 1194 (Fla. Dist. Ct. App. 2006)

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