TURNER v. STATE (2022)

Joseph Turner appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion, which alleged one ground for relief. In his motion, Turner alleged that he rejected a favorable plea offer based on counsel's misadvice that Turner did not qualify as a habitual violent felony offender. The trial court concluded that the record refutes Turner's claim but did so by drawing inferences from the record. Even if some of the items relied on by the trial court tend to conflict with Turner's allegations, they do not conclusively refute his claim. See Armstrong v. State, 148 So. 3d 124, 126 (Fla. 2d DCA 2014) (“In the context of ineffective assistance resulting in the rejection of a plea offer, ‘[p]rejudice ․ is determined based upon a consideration of the circumstances as viewed at the time of the offer and what would have been done with proper and adequate advice.’ ” (alteration in original) (quoting Alcorn v. State, 121 So. 3d 419, 432 (Fla. 2013))).

We therefore reverse and remand for the trial court to hold an evidentiary hearing or to attach portions of the record conclusively refuting this claim.

REVERSED and REMANDED.

PER CURIAM.

EVANDER, EISNAUGLE and WOZNIAK, JJ., concur.