Gonsalez v. State
The Fifth District reversed the summary denial of several grounds in a 3.850 motion challenging an open plea, holding that the postconviction court erred by conclusively refuting an IAC claim regarding failure to investigate expert witnesses, by misreading a claim alleging counsel was ineffective for advising a plea to mutually exclusive crimes (leaving the scene with serious bodily injury and leaving the scene with property damage only), and by misconstruing a claim about counsel's advice regarding a non-prison sanction based on an incorrect understanding of the scoresheet. The court remanded for an evidentiary hearing or attachment of conclusive record evidence on these grounds, and also for leave to amend the insufficiently pled fact-witness claim.
Key facts
- Gonsalez pleaded open to two charges arising from a traffic incident: leaving the scene with serious bodily injury and leaving the scene with property damage only.
- Gonsalez filed a 3.850 postconviction motion raising multiple ineffective assistance of counsel claims, including failure to investigate expert witnesses, advice to plead to mutually exclusive crimes, and reliance on an incorrect sentencing scoresheet.
- +2 more key facts with a free trial
Why it matters
This decision offers useful guidance for postconviction practitioners on pleading IAC claims tied to open pleas, particularly regarding expert witness investigation and plea advice based on sentencing exposure. It also… — full analysis with a trial
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