Ortiz v. State
227 So. 3d 682
| Fla. Dist. Ct. App. | 2017Background
- Frank Ortiz pled guilty in February 2016 to violating probation after testing positive for a controlled substance and received a negotiated sentence of 73 months in state prison.
- Ortiz filed a Florida Rule of Criminal Procedure 3.850 motion claiming ineffective assistance of trial counsel.
- He alleged two deficiencies: counsel failed to advise him about loss of gain time/conditional release (collateral consequences) and failed to present mitigating evidence at sentencing (education, treatment, employment, mental illness).
- The trial court summarily denied the 3.850 motion; Ortiz appealed that denial.
- The appellate court reviewed whether counsel’s conduct amounted to ineffective assistance and whether Ortiz suffered prejudice given the negotiated plea.
Issues
| Issue | Ortiz’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not advising Ortiz that the plea would cause forfeiture of gain time and affect conditional release | Counsel failed to warn Ortiz of collateral loss of gain time and conditional release | Counsel is not required to advise about all collateral consequences absent misinformation; gain time is a collateral consequence | Counsel was not ineffective; no duty to advise about every collateral consequence when counsel did not give incorrect advice |
| Whether counsel was ineffective for failing to introduce mitigating evidence at sentencing | Counsel failed to investigate and present mitigating evidence (education, treatment, employment, mental illness) | Ortiz received a negotiated plea/sentence he bargained for; mitigators would not change the agreed sentence (no prejudice) | Counsel was not ineffective because Ortiz was sentenced pursuant to a plea agreement and suffered no prejudice |
Key Cases Cited
- State v. Rodriguez, 990 So. 2d 600 (Fla. 3d DCA 2008) (defense counsel and court are not required to warn of every collateral consequence of a plea)
- Henderson v. State, 626 So. 2d 310 (Fla. 3d DCA 1993) (no relief where counsel merely failed to inform about gain-time ramifications absent misinformation)
- Callaway v. State, 202 So. 3d 901 (Fla. 3d DCA 2016) (no prejudice from failure to obtain presentence investigation when defendant is sentenced under a negotiated plea)