Capalbo v. State, 2011 Fla. App. LEXIS 17380

Capalbo pleaded no contest to attempted first degree murder under a ten-year plea offer; court accepted plea.
Factual basis: Capalbo allegedly knocked, shot victim twice at close range; witnesses heard threats and a warning beforehand.
Capalbo allegedly made incriminating statements to police after arrest.
Capalbo claimed counsel misadvised him about self-defense, would have gone to trial but for misadvice.
Plea colloquy occurred; defense argued self-defense was unavailable; Capalbo was aware of rights and appeal waivers.
Postconviction court denied relief; Fourth District affirmed summary denial of Rule 3.850 motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel's alleged misadvice on self-defense tainted the plea	Capalbo	State	No reasonable probability of prejudice; no ineffective assistance.
Whether the plea colloquy refuted the self-defense claim	Capalbo	State	Colloquy supported knowing waiver and diminished likelihood of prejudice.
Whether finality concerns justify denying postconviction relief	Capalbo	State	Finality favored upholding plea; no substantial prejudice shown.

Montero v. State, 996 So.2d 888 (Fla. 4th DCA 2008) (rejects implausible postconviction claims)
Evans v. State, 843 So.2d 938 (Fla. 3d DCA 2003) (claims must be plausible; not inherently incredible)
Peede v. State, 748 So.2d 253 (Fla. 1999) (limits on accepting bare allegations in absence of evidentiary hearing)
Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for guilty-plea ineffectiveness is objective)
Grosvenor v. State, 874 So.2d 1176 (Fla. 2004) (totality of circumstances for plea prejudice; factors for likelihood of success at trial)
U.S. v. Timmreck, 441 U.S. 780 (1979) (finality concerns after guilty pleas)
United States v. Smith, 440 F.2d 521 (7th Cir. 1971) (concerns about procedural fairness and finality in plea contexts)