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Young v. State

District Court of Appeal of Florida, First District
Oct 18, 1995
661 So. 2d 406 (Fla. Dist. Ct. App. 1995)

Summary

holding that an appellant sufficiently alleged that he told his counsel that he was intoxicated when he told counsel that he "was high on crack and whiskey"

Summary of this case from Foster v. State

Opinion

No. 95-716.

October 18, 1995.

Appeal from the Circuit Court for Columbia County, Paul Bryan, J.

Pro se, for Appellant.

No appearance, for Appellee.


Clyde Young appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Young's motion sets forth several grounds for relief, only one of which merits discussion. Young claims that trial counsel rendered ineffective assistance in failing to investigate and consider the availability of a voluntary intoxication defense to the charge of possession of cocaine with the intent to sell, despite having been informed by Young that he "was high on crack and whiskey" during the commission of this offense. We find these factual allegations, on their face, sufficient to set forth a claim of ineffective assistance of counsel despite the fact that Young signed a plea agreement indicating his satisfaction with counsel's services. See Brunson v. State, 605 So.2d 1006 (Fla. 1st DCA 1992).

Since the trial court's order and attachments fail to demonstrate conclusively that Young is entitled to no relief, we reverse and remand for an evidentiary hearing for the purpose of rendering a determination on the merits of the above stated claim. In all other respects, the order denying post-conviction relief is affirmed.

AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.

ERVIN and LAWRENCE, JJ., concur.


Summaries of

Young v. State

District Court of Appeal of Florida, First District
Oct 18, 1995
661 So. 2d 406 (Fla. Dist. Ct. App. 1995)

holding that an appellant sufficiently alleged that he told his counsel that he was intoxicated when he told counsel that he "was high on crack and whiskey"

Summary of this case from Foster v. State

holding failure to explore the defense of voluntary intoxication is a facially sufficient claim where there is evidence of intoxication and the crime charged is a specific intent crime

Summary of this case from Craig v. State

remanding for an evidentiary hearing where plea transcript did not refute appellant's allegation that he had told defense counsel he was on drugs during the commission of the crime, and his counsel failed to investigate intoxication defense

Summary of this case from Swails v. State

In Young, claims that trial counsel rendered ineffective assistance in failing to investigate and consider the availability of a voluntary intoxication defense were deemed facially sufficient, "despite the fact that Young signed a plea agreement indicating his satisfaction with counsel's services."

Summary of this case from Urquhart v. State
Case details for

Young v. State

Case Details

Full title:CLYDE YOUNG, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 18, 1995

Citations

661 So. 2d 406 (Fla. Dist. Ct. App. 1995)

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