Phillips v. State
229 So. 3d 426
| Fla. Dist. Ct. App. | 2017Background
- Phillips appealing a summary denial of postconviction relief under Fla. R. Crim. P. 3.850.
- Trial court revoked Phillips' probation after Indiana conviction for child molestation; two of three counts revoked.
- Sentences imposed: 15 and 10 years, five years’ sexual offender probation, designated as a sexual predator.
- Phillips previously appealed unsuccessfully; moved for 3.850 relief alleging ineffective assistance at revocation.
- Postconviction court denied amended motion without accompanying record; appellant challenges on multiple claims.
- Court reviews denial de novo and requires showing deficient performance and prejudice under Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for misadvising sentence and plea offer | Phillips alleges counsel misadvised about the maximum sentence | State argues no prejudice due to court informing about 30-year maximum | Claim viable; prejudice shown; remand for remedy |
| Failure to seek competency evaluation | Phillips reported mental illness; counsel did not pursue competency | Record insufficient to prove prejudice | Facially sufficient; remand for determination on merits |
| Failure to inform elements of probation violation | Counsel did not explain State’s burden/elements | Court would have found violation regardless; no prejudice shown | Claim sufficient; remand for merits |
| Failure to seek jail credit for Indiana time | Out-of-state jail credit requested could reduce sentence | Credit discretionary; denied without reasoning | Reasonableness not shown due to missing record; remand for explanation |
Key Cases Cited
- Harvester v. State, 817 So.2d 1048 (Fla. 2d DCA 2002) (record attachments may be needed to affirm denial)
- Peede v. State, 748 So.2d 253 (Fla. 1999) (upholding need for clear record in 3.850 review)
- Swanson v. State, 825 So.2d 507 (Fla. 1st DCA 2002) (Harvester not applied when no relied documents)
- Alcorn v. State, 121 So.3d 419 (Fla. 2013) (misadvice on maximum sentence constitutes deficient performance)
- Armstrong v. State, ? So.3d 124 (Fla. 2d DCA 2014) (premised prejudice on proper advice at time of offer)
- Wilson v. State, 189 So.3d 912 (Fla. 2d DCA 2016) (post-rejection events cannot cure counsel deficiency)
- Thompson v. State, 88 So.3d 312 (Fla. 4th DCA 2012) (facially sufficient claims despite lack of immediate record)
- Jennings v. State, 123 So.3d 1101 (Fla. 2013) (de novo review; movant’s factual allegations accepted as true)