Randall A. Hauter v. State
206 So. 3d 839
| Fla. Dist. Ct. App. | 2016Background
- Defendant Randall A. Hauter was convicted by a jury of lewd or lascivious molestation (two counts) and sentenced to concurrent lengthy prison terms and lifetime sex-offender probation.
- He directly appealed; this court affirmed his convictions on direct appeal. (Hauter v. State)
- Hauter filed a Florida Rule of Criminal Procedure 3.850 motion raising six ineffective-assistance-of-counsel claims; the trial court summarily denied the motion.
- Claim 4 alleged counsel incorrectly advised him to reject a State plea offer (5 years + 10 years probation), telling him she could win at trial; he later received a harsher sentence.
- Claim 6 alleged cumulative prejudice from counsel’s errors; the trial court did not rule on that claim.
- The appellate court affirmed the summary denial in part, reversed in part: it allowed Hauter to amend claim 4 (facially insufficient as pled) and remanded for consideration of cumulative-error claim 6; all other denials were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Claim 4: Counsel advised rejecting a plea | Hauter: counsel told him she could win, so he rejected a favorable plea and suffered a worse sentence | State/Trial court: Hauter knowingly rejected plea after court colloquy; no showing counsel’s advice was unreasonable | Summary denial reversed as facially insufficient; Hauter may amend to plead specifics showing counsel’s advice was unreasonable or uninformed |
| Claim 6: Cumulative error | Hauter: multiple counsel errors cumulatively prejudiced his defense | State/Trial court: did not address claim on the record | Remanded for the trial court to address the cumulative-error claim |
| Other ineffective-assistance claims (claims 1–3,5) | Hauter: various ineffective-assistance allegations | State: trial court summarily denied; appellate court found no reversible error as to those claims | Affirmed (no relief granted) |
Key Cases Cited
- Maxwell v. Wainwright, 490 So. 2d 927 (Fla. 1986) (defendant must allege both deficient performance and prejudice for IAC)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance of counsel)
- Lamb v. State, 202 So. 3d 118 (Fla. 5th DCA 2016) (misinformation about plea can be actionable; facially insufficient pleading may be allowed to amend)
- Colon v. State, 909 So. 2d 484 (Fla. 5th DCA 2005) (plea-advice error framework)
- Morgan v. State, 991 So. 2d 835 (Fla. 2008) (requirements for pleading ineffective assistance relating to plea decisions)
- Spera v. State, 971 So. 2d 754 (Fla. 2007) (leave to amend 3.850 claims where appropriate)
- Hauter v. State, 158 So. 3d 603 (Fla. 5th DCA 2015) (defendant’s direct appeal affirming convictions)