Jeffrey M. Parenti v. State
225 So. 3d 949
| Fla. Dist. Ct. App. | 2017Background
- Parenti was charged with DUI manslaughter, driving while license suspended causing death, and vehicular homicide; after a mistrial he rejected a State plea offer of 7 years + probation and was convicted at retrial.
- At sentencing the State filed a post-trial notice seeking sentencing as a habitual felony offender (HFO); Parenti has 12 prior felony convictions.
- Defense counsel objected to HFO treatment but conceded at the 3.850 evidentiary hearing that he did not know Parenti qualified as an HFO and never informed Parenti of that possibility during plea negotiations.
- Parenti alleged in his 3.850 motion that, had he been informed he faced HFO exposure (up to 30 years), he would have accepted the State’s plea offer.
- The trial court denied relief, finding no ineffective assistance because the State filed the HFO notice only after trial; the district court reversed as to that ground and remanded for a prejudice determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to inform Parenti he potentially qualified as an HFO | Parenti: counsel failed to advise him of HFO exposure and thus misadvised him during plea negotiations | State/Trial Ct: because the State filed HFO notice after trial, counsel’s failure was not deficient | Reversed: counsel should have informed Parenti of potential HFO status regardless of when State filed notice; trial court erred in denying relief on that basis |
| Whether Parenti established prejudice from counsel’s omission (i.e., would have taken plea) | Parenti: he would have accepted the 7-year offer if advised of HFO risk | State: contested or not yet addressed at trial-court ruling | Remanded: trial court must determine prejudice elements (would accept plea, prosecutor wouldn’t withdraw, court would accept, and offer would be less severe) |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance test)
- Alcorn v. State, 121 So. 3d 419 (elements for plea-misadvice prejudice analysis)
- Lester v. State, 15 So. 3d 728 (4th DCA—similar facts; counsel conceded failure to discuss habitualization; reversal)
- Schoenwetter v. State, 46 So. 3d 535 (explains Strickland application in Florida)