Conley v. State
The Fifth DCA affirmed the summary denial of most claims in Conley's Rule 3.850 motion but reversed as to his claim that trial counsel failed to advise him he qualified as a Habitual Violent Felony Offender before he rejected a favorable plea offer. The postconviction court had attached shorthand 'hearing notes' showing the trial court discussed 'the max' at a pretrial hearing, but the panel held these notes did not conclusively refute the claim because they failed to reference any specific sentencing enhancement or state what maximum sentence was actually discussed.
Key facts
- Conley filed a Rule 3.850 postconviction motion claiming trial counsel failed to advise him that he qualified as a Habitual Violent Felony Offender before he rejected a plea offer.
- The trial court summarily denied most claims but attached shorthand hearing notes indicating that 'the max' was discussed at a pretrial hearing.
- +2 more key facts with a free trial
Why it matters
This opinion gives postconviction practitioners a concrete benchmark for what record attachments must contain to conclusively refute an IAC-in-plea-rejection claim tied to habitual offender exposure: generic notes… — full analysis with a trial
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