Williams v. State
2012 Fla. App. LEXIS 3135
| Fla. Dist. Ct. App. | 2012Background
- Williams appeals from an order denying postconviction relief after a pro se 3.850 motion.
- Information and facts used to prove both attempted felony murder and attempted armed robbery stem from the same act.
- Defendant pleaded guilty to all charges; sentencing included a 50-year term with 25-year minimum for attempted felony murder and concurrent penalties for the other counts.
- Trial court proceedings and prior direct appeal upheld convictions and sentences.
- Rule 3.850 claim argued ineffective assistance of counsel for failing to challenge dual charges based on the same act.
- Court reverses and remands for an opportunity to prove prejudice from counsel’s alleged ineffectiveness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether charging the same act for two offenses violates double jeopardy | Williams | State | Reversed: dual charging improper; remanded for prejudice proof. |
| Whether plea absolves ineffective-assistance claim on dual charging | Williams | State | Remanded to allow prejudice show; plea does not bar claim. |
Key Cases Cited
- Coicou v. State, 867 So.2d 409 (Fla. 3d DCA 2003) (State may not use same act to prove two offenses)
- State v. Gray, 435 So.2d 816 (Fla.1983) (charging instrument can be challenged any time)
- Novaton v. State, 634 So.2d 607 (Fla.1994) (unbargained-for pleas do not waive double jeopardy violations)
- Dallas v. State, 898 So.2d 163 (Fla. 4th DCA 2005) (distinguishes due to separate act requirement in some cases)
- Barron v. State, 990 So.2d 1098 (Fla. 3d DCA 2007) (shooting during robbery not an independent act)