82 So. 3d 1090
Fla. Dist. Ct. App.2012Background
- Hurt pleaded guilty in 1992 to seven offenses and received an imposed blend of prison, probation, and time served; no direct appeal.
- In 2008 Hurt admitted probation violation and received a fifteen-year prison sentence, allegedly a downward departure from guidelines.
- In 2010 Hurt filed a Rule 3.850 motion claiming ineffective assistance of counsel for not advising earlier about actual time to serve under a potential eight-year plea.
- Hurt’s counsel sought information on whether the 85% gain-time rule would apply; offers could be open but were not binding until court acceptance.
- Hurt alleged the eight-year offer would have been accepted if he knew he would serve 55–65% of that term; the State rescinded the offer before formal acceptance.
- Trial court denied the motion as a non-cognizable IAC claim; appellate court affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lost plea offers can support IAC prejudice | Hurt argues lost offer prevented effective advice. | State argues no prejudice since offer not binding before court acceptance. | No actionable IAC from lost offer; no prejudice shown. |
| Whether counsel’s timing in advising on time to serve creates prejudice | Hurt would have accepted eight-year offer. | Offer could be rescinded; counsel’s timing insufficient to prove prejudice. | Insufficient prejudice; no IAC under Hill/Morgan framework. |
Key Cases Cited
- Hill v. Lockhart, 474 U.S. 52 (1985) (ineffective assistance standard for pleas; prejudice from not pleading guilty)
- Morgan v. State, 991 So.2d 835 (Fla. 2008) (lost plea offers can support IAC claim if three-part test met)
- Cottle v. State, 733 So.2d 963 (Fla.1999) (establishes three-part test for lost plea offers)
- Mabry v. Johnson, 467 U.S. 504 (1984) (plea offers have no constitutional significance until accepted)
- Harden v. State, 453 So.2d 550 (Fla. 4th DCA 1984) (plea offers not binding before formal acceptance)
- Gusow v. State, 6 So.3d 699 (Fla. 4th DCA 2009) (comment on significance of misadvice about time actually served)
- Leroux, 689 So.2d 235 (Fla.1996) (recognizes sufficiency of such claims in some contexts)
- Puckett v. U.S., 556 U.S. 129 (2009) (relevance to plea negotiation dynamics)
- Lester v. State, 15 So.3d 728 (Fla. 4th DCA 2009) (discusses remedies for lost plea offers)