257 So. 3d 1148
Fla. Dist. Ct. App.2018Background
- Jessie Floyd was convicted by jury of armed robbery (with a deadly weapon) and aggravated assault; sentenced to 25 years (robbery) and concurrent 5 years (assault). The State had filed, then withdrew, a PRR notice before sentencing.
- On direct appeal convictions and sentences were affirmed. Floyd filed a Florida Rule of Criminal Procedure 3.850 postconviction motion alleging ineffective assistance of counsel and related trial errors.
- Floyd’s primary claim: counsel failed to promptly notify him of a prison-releasee reoffender (PRR) notice, which he says deprived him of the chance to accept an eight-year plea offer.
- Other claims: counsel failed to move to suppress (challenging the stop, show-up ID, and evidence seized), failed to provide deposition transcripts, trial court error refusing transcript review and barring impeachment of his own witnesses, and cumulative error.
- At jury selection defense counsel informed Floyd of the PRR notice, explained consequences (100% service of maximum, potential life exposure), urged acceptance of the eight-year offer, and warned of strong evidence against him; Floyd insisted and elected to represent himself and proceed to trial.
Issues
| Issue | Floyd's Argument | State's Argument | Held |
|---|---|---|---|
| IAC for late notice of PRR and lost plea (Strickland/Lafler) | Counsel opened PRR email two days after receipt and told him only at jury selection; had he known earlier he would have accepted 8-year plea | Counsel timely informed Floyd the next business day, fully explained PRR consequences and plea; Floyd rejected advice and chose to proceed pro se | Denied—record refutes deficient performance and prejudice; plea claim facially insufficient on facts |
| IAC for failure to file suppression motions (stop/search) | Counsel should have challenged detention and suppression of items seized from person | Detention occurred within minutes, <0.4 miles, matching BOLO; reasonable suspicion existed, arrest and search incident to arrest lawful | Denied—motion to suppress would have been meritless; claim facially insufficient |
| IAC for failure to suppress show-up and voice ID | Show-up was suggestive (in police car/with officer); counsel should have moved to suppress ID and voice ID | Show-up occurred minutes after offense; victim had opportunity to view, prior interactions, accurate description, voice ID reliable | Denied—no substantial likelihood of misidentification; motion would have failed |
| IAC for failing to obtain deposition transcripts / trial-court rulings re transcripts & impeachment | Transcripts would help impeach victim or show overwhelming evidence to take plea; court erred by not letting him review transcripts before self-representation and barred impeachment of own witnesses | Counsel reasonably decided transcripts unnecessary for trial; Floyd elected to go pro se the eve of trial, trial court properly refused continuance; these issues are trial-direct-appeal matters not cognizable on 3.850 | Denied—no prejudice pled; claims speculative or non-cognizable; Floyd wasn’t entitled to continuance or transcripts after late self-representation |
| Cumulative error | Combined effect of counsel errors and court rulings denied fair trial | Individual claims lack merit, so no cumulative effect | Denied—no viable underlying errors to cumulate |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test)
- Lafler v. Cooper, 566 U.S. 156 (right to effective assistance during plea negotiations)
- Sirota v. State, 95 So. 3d 313 (examples of deficient plea negotiation conduct)
- State v. Sirota, 147 So. 3d 514 (related guidance on plea negotiation issues)
- Alcorn v. State, 121 So. 3d 419 (prejudice test for lost plea offers)
- Missouri v. Frye, 566 U.S. 134 (duty to communicate plea offers)
- Parenti v. State, 225 So. 3d 949 (consideration of circumstances at time of offer)
- Johnston v. State, 63 So. 3d 730 (IAC for failing to file meritless suppression motion)
- Leach v. State, 170 So. 3d 56 (permissible brief detention to effect identification)
- Jackson v. State, 241 So. 3d 914 (probable cause and search incident to arrest)
- Fisher v. State, 924 So. 2d 914 (show-up identification standard)
- Perez v. State, 648 So. 2d 715 (show-up can be valid under totality of circumstances)
- Neil v. Biggers, 409 U.S. 188 (factors for evaluating reliability of identification)
- Connor v. State, 979 So. 2d 852 (speculation insufficient to show prejudice in IAC claims)
- Griffin v. State, 866 So. 2d 1 (cumulative error doctrine)