From Casetext: Smarter Legal Research

Seymore v. State

District Court of Appeal of Florida, First District
Apr 28, 1997
693 So. 2d 647 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-462

Opinion filed April 28, 1997.

An appeal from the Circuit Court for Okaloosa County. G. Robert Barron, Judge.

Appellant pro se.

Robert A. Butterworth, Attorney General; Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.


Appellant, an inmate of the state correctional system, seeks review of an order denying his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, appellant claimed entitlement to relief on a number of grounds. We affirm the denial of relief as to all claims, save one, without further discussion. However, as to that one claim, we are constrained to reverse and remand for further proceedings.

Appellant alleged that his trial counsel was ineffective because he failed to communicate to appellant plea offers involving prison terms ranging between 30 months and 3 1/2 years made by the prosecutor; that he would have accepted one of those offers had his attorney communicated them to him; and that acceptance of the offer would have resulted in a shorter prison term than the 20-year sentence he ultimately received, as an habitual violent felony offender. Such allegations are legally sufficient to state a claim for relief pursuant to rule 3.850, precluding summary denial. Wilson v. State, 647 So.2d 185 (Fla. 1st DCA 1994). Accordingly, we reverse the trial court's summary denial of this claim, and remand for further proceedings consistent with rule 3.850. We affirm the denial of relief as to all of the other claims made by appellant.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

ALLEN, WEBSTER and MICKLE, JJ., CONCUR.


Summaries of

Seymore v. State

District Court of Appeal of Florida, First District
Apr 28, 1997
693 So. 2d 647 (Fla. Dist. Ct. App. 1997)
Case details for

Seymore v. State

Case Details

Full title:DURWYN J. SEYMORE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 28, 1997

Citations

693 So. 2d 647 (Fla. Dist. Ct. App. 1997)

Citing Cases

Cottle v. State

PER CURIAM. We have for review Cottle v. State, 700 So.2d 53 (Fla. 5th DCA 1997), based on direct and express…

Karg v. State

Appellee concedes that the trial court erred in denying appellant's motion to withdraw his plea before…