SCOTT v. STATE (2022)

District Court of Appeal of Florida, Third District.

Jeff SCOTT, Appellant, v. The STATE of Florida, Appellee.

No. 3D20-1813

Decided: August 17, 2022

Before SCALES, LINDSEY and MILLER, JJ.

Michael Ufferman Law Firm, P.A., and Michael Ufferman (Tallahassee), for appellant. Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

ON MOTION FOR REHEARING

We grant Appellant Jeff Scott's motion for rehearing, withdraw this Court's March 23, 2022 unelaborated affirmance opinion, and replace it with the following:

Appellant challenges the trial court's November 2, 2020 order summarily denying Appellant's postconviction motion. Appellant's motion alleged that his trial counsel was deficient for advising Appellant not to testify at his trial. Attached to the trial court's order is ample evidence that Appellant's decision not to testify was voluntary. The order's attachments, however, do not conclusively disprove Appellant's allegation that no reasonable attorney would have discouraged Appellant from testifying. We therefore reverse the challenged order and remand the matter to the postconviction trial court to conduct an evidentiary hearing to determine whether Appellant's trial counsel was deficient in advising Appellant not to testify. See Hodges v. State, 260 So. 3d 458, 459-60 (Fla. 5th DCA 2018); Simon v. State, 47 So. 3d. 883, 885-86 (Fla. 3d DCA 2010).

Reversed and remanded with instructions.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network