5D2023-0054
The Fifth DCA affirmed a postconviction court's finding that counsel's affirmative misadvice about conspiracy law caused the defendant to reject a six-year plea offer and proceed to trial, resulting in a 20-year sentence with a 15-year mandatory minimum. The court reversed only as to the remedy, holding that under Lafler v. Cooper and State v. Elma the proper remedy is to order the State to reoffer the rejected plea rather than schedule a new trial.
Key facts
- Defendant rejected a six-year plea offer after receiving affirmative misadvice from counsel regarding conspiracy law and proceeded to trial, resulting in a 20-year sentence with a 15-year mandatory minimum.
- The postconviction court found that counsel's misadvice caused the defendant to reject the favorable plea offer and established Strickland prejudice, but ordered a new trial as the remedy.
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Why it matters
This opinion reinforces and applies the Elma/Lafler remedial framework for IAC claims involving rejected plea offers, clarifying that Florida courts must order a reoffer of the plea rather than a retrial when prejudice… — full analysis with a trial
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