Daniel Diaz v. State of Florida

Summary

The Fourth District Court of Appeal of Florida reviewed the summary denial of Daniel Diaz’s Florida Rule of Criminal Procedure 3.850 motion. The court held that Diaz stated a facially sufficient ineffective-assistance claim concerning counsel’s advice about sentencing exposure under Florida’s 10-20-Life statute and remanded ground one for an evidentiary hearing. The court affirmed the denial of Diaz’s remaining four grounds.

Holdings

1. The trial court erred in summarily denying Diaz's claim that counsel failed to sufficiently advise him of his sentencing exposure under the 10-20-Life statute before he rejected an eight-year plea offer. The claim was facially sufficient and was not conclusively refuted by the record.
2. The summary denial of Diaz's other four grounds for relief was affirmed without comment.

Questions Presented

1. Whether Diaz's Rule 3.850 claim that counsel failed to advise him adequately about his sentencing exposure under Florida's 10-20-Life statute in connection with an alleged eight-year plea offer was facially sufficient and conclusively refuted by the record.
2. Whether the trial court properly summarily denied Diaz's remaining four grounds for post-conviction relief.

Disposition

reversed_and_remanded